Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay of 5250 days - When delay of long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation - Court, in fact, should presume that third party rights may have been created..........
Mutation -- Law as to - (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) They neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value..........
Mutation -- Writ petition against order passed in mutation proceedings - Orders of mutation are passed on basis of possession and since no substantive rights of parties are decided, ordinarily a writ petition would not be entertainable against such orders unless same are found to be wholly without jurisdiction or have effect of rendering findings which are contrary to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Plaintiff failed to show that inspite of due diligence, she could not file application for amendment before commencement of trial - Order allowing application set aside...........
Bharatiya Nyaya Sanhita, 2023, Section 329(4), 232, 351(3), 3(5), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 329(4), 232, 351(3), 3(5) BNS - Issuance of non-bailable warrants - Quashing of order - Notice issued u/s 35(3) BNSS indicates that investigation agency did not initially intend to arrest accused - Neither any material on record nor any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 75 -- Non bailable warrants - Mere facts that investigation agency has shown accused as absconding cannot, by itself, justify Magistrate's order issuing NBWs...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner appeared on the very next date of passing ex parte order - Court was obligated to permit petitioner to join proceedings at that stage - Ex parte proceedings set aside...........
Protection of Women From Domestic Violence Act, 2005, Section 31 -- Registration of FIR u/s 31 of the Act - Police is not empowered per se to register an FIR u/s 31 of the Act - It is only on breach of an order passed u/ss 12 to 23 of the Act criminal liability u/s 31 of the Act arise...........
Caste certificate -- Validity - Pre-Independence document certifies that appellant's grandfather belongs to Koli Mahadev Tribe - Greater probative value thus, ought to be given to said document - However, on basis of presumptions and assumptions said document has been disbelieved - Order of Scrutiny Committee invalidating appellant's caste claim as well as impugned..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Husband filed divorce petition on basis of marriage being valid - However, by way of amendment husband sought additional grounds and plea of marriage declared to be void - Application does not seek amendments to be as alternative reliefs but as substantive prayers but without deleting earlier ones -..........
