Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Unregistered - However, same an admitted document - It is admissible in nature for proving the status in which defendant is occupying the suit property...........
Civil Procedure Code, 1908, Order 15A -- Striking off defence - Non-payment of arrears of rent - Suit property has been purchased by deceased husband of plaintiff - Said fact is not denied by defendant - Plaintiff produced Will on record showing her husband leaves his residual properties in her favour - Defendant is admittedly attesting witness to said Will - Execution of..........
Insolvency and Bankruptcy Code, 2016, Section 3(30) -- Secured creditor stands outside the winding up and can realize its security dehors winding up proceedings - Though, if he files a suit or takes other legal proceedings for realization of his security he is bound u/s 231 of Companies Act, to obtain leave of, winding up Court before he can do so although such leave would..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte order - Setting aside - Eviction suit - Summons were duly served to tenant - Tenant had been appearing in proceedings since the year 2017 - But since Nov 2018 till June 2019, tenant did not come for further progress of case and opted to remain absent from dates fixed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction of mistake - Suit for recovery of stridhan/dowry/articles - Amendment sought for correction of factual mistake with regard to date of marriage and also place of marriage - Case is at initial stage, as issues are not yet framed - Nature of suit would not be changed by amendment - As regarding..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising construction over suit property and changing existing portion of land and alienating specific portion of land - Defendants have already raised construction over suit property and built residential houses - Plaintiff never objected the same and..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue with regard to relief of permanent injunction - Consequential relief of permanent injunction sought in a declaratory suit for easement and as such even if issue is not framed, question of granting consequential relief of injunction can be considered, particularly when parties go to trial with..........
Specific Relief Act, 1963, Section 38(3)(d) -- Permanent injunction - Consequential relief of permanent injunction sought in a declaratory suit for easement - Once plaintiff having established easementary right over suit land, then order to enjoy that declaratory decree consequential relief of permanent injunction ought to have been in his favour, otherwise, it would give..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simple withdrawal of suit alongwith a prayer to return documents submitted before Court - Rightly allowed by Court below, as there is no embargo to allow such prayer...........
Criminal Procedure Code, 1973, Section 340 -- Complaint u/s 340 Cr.P.C - Malicious prosecution - Grounds for maintaining a suit for malicious prosecution cannot form basis for filing of a petition u/s 340 Cr.P.C since it has to independently satisfy requirements of S.195(1)(b) Cr.P.C...........
