Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Expartee decree - Suit for specific performance - Mere fact that purchaser has purchased land in question from decree holder on basis of sale deed executed in his favour subsequent to sale deed executed in favour of decree holder through process of Court..........
Specific Relief Act, 1963, Section 34, 37 -- Suit for declaratory and injunction - Right claimed as no, occupancy tenant on rent basis - Plaintiff was unable to prove his plea that owner of suit property executed gift deed of 4 biswas and not 4 bighas in favour of education department and his possession over suit property is as no, occupancy tenant - On the contrary,..........
Stamp Act, 1899, Section 3, 17, 27 -- Stamp duty - Valuation of property - Agreement to sell - Suit for specific performance - Market value of property should be assessed on the market rate prevailing at the time of registration of sale deed not when the parties entered into such agreement to sell - It is irrelevant that matter has been in the litigation for a long time...........
Easement Act, 1882, Section 60(a), (b) -- Licence - Permission to construct shed for workshop - Suit for recovery of property - No specific plea regarding benefit of S.60 of the Act is raised by defendant - Nor any evidence is adduced to show that permission granted to defendant was coupled with transfer of property and that such transfer is in force or he acted upon such..........
Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Accused gave beatings to PW2, PW3 and their mentally challenged son, as a result of which simple as well as grievous injuries were caused to them - Said injuries were duly proved by medical evidence - All the PWs are very candid, specific and straightforward and their versions appear to be trustworthy..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Passed in the year 1992, challenge in the year 2006, after a gap of more than 13 years - Parties were put in their respective possession as per compromise - Compromise decree was passed with specific consent of parties - Plaintiffs estopped from challenging the same by their own act and conduct...........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Rape of 5 years old girl - Medical evidence not required in the absence of mere specific allegation of penetrative sexual assault...........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10, Trade Marks Act, 1999, Section 134(2) -- Trade mark - Jurisdiction - Return of plaint - Material fact pleaded by plaintiff that defendants are conducting, soliciting, rendering the impugned services under the impugned trade name within the jurisdiction of Court - Plaintiff also averred that it has a corporate..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Long and settled possession of plaintiff - Plaintiff not to be dispossessed except in due course of law...........
Civil Procedure Code, 1908, Section 151 -- Re-opening of evidence - Inherent powers of Court - Suit for specific performance - Failure of Power of Attorney holder of plaintiff to give reply to suggestions/questions put in cross-examination by defendant - Plaintiff cannot be permitted to re-open the evidence as it will provide a chance to him to overcome the lacuna, which..........
