Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 14 -- Recall of order closing evidence - Production of documents - Applications filed at the fag end of trial when matter was set down for arguments - No convincing reasons in support of applications - There is no explanation as to what are essential questions that had not been put to..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Hindu female got property in lieu of her pre-existing right of maintenance - Limited interest created in favour of Hindu female by her husband stood enlarged and she became absolute owner of suit properties - Sale made by Hindu female of suit property held, proper...........
Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), 13, Evidence Act, 1872, Section 145 -- Production of document - To contradict a witness during cross-examination - No Court can refuse a document being put to a witness during cross-examination to obtain a contradiction of her earlier statement merely for reason that it had..........
Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), 13, Evidence Act, 1872, Section 145 -- Production of document - To contradict a witness during cross examination - If witness denies such document, same certainly will have to be marked, though not admitted to evidence and retained on file so as to enable Court to subsequently..........
Family Courts Act, 1984, Section 14, 20 -- Exhibiting a document - Family Courts have been given ample discretion in receiving documents, whether they are admissible or inadmissible - Evidence Act is not made applicable in mechanical manner - Overriding effect given to Family Courts u/s 20 of the Act is confined not only to CPC, but also to other enactments...........
Bombay Tenancy and Agricultural Lands Act, 1948, Section 43, 63, 14, 27, 32P, Transfer of Property Act, 1882, Section 105, Succession Act, 1925, Section 59 -- Agricultural holdings - Term `assignment' in S.43 of Act of 1948 includes testamentary disposition...........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction petition - Subletting - Seeking of damages for use and occupation charges - No direction can be issued to tenant to pay use and occupation charges for period that stay continued - Further, as possession has already been handed over no relief can be granted to landlord in this application...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of law and fact, which cannot be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Jurisdiction of Civil Court - Such issue is required to be decided first and thereafter application for temporary injunction be adjudicated...........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32 -- Suspension of payment of rent - Lockdown due to Covid-19 - Force majeure clause - If contract contains a clause providing for some sort of waiver or suspension of rent only then tenant could claim same - Force majeure clause in contract could also be contingency u/s 32 of Contract Act..........
