Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction against one of branches of forefathers of plaintiff - Pedigree relied by plaintiffs was not correct - Plaintiffs failed to prove ownership over suit property - Specific issues were framed by trial Court which were answered against plaintiff and even appellate Court also independently arrived..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - No issue as to no, joinder of necessary parties - Suit dismissed suit on other grounds - However, first appellate Court framed the issue regarding no, joinder of necessary parties and decreed the suit - Both the Courts therefore, failed to appreciate issue of no, joinder of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit possession regarding `A' schedule property and for permanent injunction regarding `B' schedule property - Defendant filed suit for injunction with regard to `A' schedule property - Both the suits tried together and dismissed - Aggrieved by same plaintiff alone preferred an appeal and same was..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal dismissed without deciding application U.O.41.R.27 CPC - Impugned order set aside - Matter remitted back to appellate Court to decide appeal afresh on merits along with application U.O.41.R.27 CPC...........
Income Tax Act, 1961, Section 260A, 14A -- Assessment - Disallowance of deduction - Applicability - S.14A of the Act is applicable if there has to be a pay out i.e., an assessee has to incur expenditure - However, no deduction shall be allowed in respect of the expenditure incurred by the assessee in relation of the income which does not form part of his total income under..........
Motor Vehicles Act, 1988, Section 170, 166 -- Appeal against award - Maintainability - Appellant/owner of offending vehicle for the first time before this Court raising contention that eye-witness had turned hostile and so claim petition itself was not maintainable - Said eye-witness not confronted - Vehicle being driven in rash & negligent manner proved by witness -..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Once previous suit has been dismissed U.O.17.R.3 CPC and a decree sheet has been drawn, remedy for party was to file appeal and not to file a fresh suit...........
Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 376(2)(g), 120B, 377, 307, 397, 395, 302, 201, 412, Supreme Court Rules, 1966, Order 47, Rule 1 - - Review - Rape case - Death sentence - General contentions against capital punishment made by petitioner, which cannot be gone into in the review petition - Each and every ground assailing course of..........
Limitation Act, 1963, Section 5 -- Condonation of law - Delay of 916 days in filing LPA - There was delay and laches in filing writ petition itself at first instance from which present appeal had arisen - Even though writ petition was filed after obtaining approval of Executive Council, no steps were taken to file writ appeal for 916 days after disposal of writ petition -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Over speeding - Driver of car who was trying to overtake truck and in process hit against railing on right side - Driver hit railing from right side further corroborates statement of driver himself that it was indeed car that was trying to overtake truck - It was negligence of driver of car that resulted in accident who..........
