Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Power to extend time granted in decree for performance of its conditions can be extended on such terms as Court may deem fit - However, non-grant of extension of time cannot be the end of transaction...........
Civil Procedure Code, 1908, Section 145 -- Surety - S.145 CPC specifically empowers Executing Court to execute decree against a person who has become liable as a surety for performance of decree - For this purpose, such surety is deemed to be a party to proceedings and execution can be levied against him to the extent of his liability under bond...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court at the stage of considering application U.O.7.R.11 CPC is not concerned with correctness of averments, except to state that plaintiff has to discharge the burden of proving his case...........
Mutation -- Writ petition against order passed in mutation proceedings cannot be entertained in complete absence of any exceptional circumstance and availability of efficacious alternative remedy before competent civil Court...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Where witnesses are found to be neither completely trustworthy nor entirely unreliable, Court must make a careful effort to ascertain true origin of incident...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court cannot permit an amendment which seeks to withdraw or nullify an admission already made or introduces a defence which is mutually destructive of earlier pleadings...........
Criminal trial -- Whenever any doubt emanates in the mind of Court benefit shall accrue to accused and not the prosecution...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 25 -- Concurrent running of sentence - Presumption u/s 31 Cr.P.C. that sentences shall run consecutively if not explicitly specified to run concurrently have been omitted u/s 25 BNSS - Therefore, when trial Court does not mention that sentence would run concurrently or consecutively, prima facie benefit should be given to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) Court to consider averments made in plaint and documents filed in support of plaint; (ii) No part of defence or documents filed by defendant can be looked into; (iii) averments made in plaint has to be taken as truth and Court cannot proceed on the premise that averments are false; (iv)..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Plea of adverse possession - Appellate Court cannot entertain a plea of adverse possession first time raised during appeal and cannot record its finding, where no issues were framed and no evidence was led at the stage of trial...........
