Practice and Procedure -- No adverse order should be passed against a party without hearing it...........
Constitution of India, 1950, Article 226 -- Writ petition - When a party is relegated to High Court to pursue its remedies, it would not be proper in the normal course to bind High Court with directions in relation to proceedings to be impugned before Court - Ordinarily, Supreme Court would leave all issues open for the party so relegated to raise and pursue before High..........
Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Eviction suit - When suit filed by landlord against tenant already stands decreed and opposite party claims to have acquired ownership of property in dispute through a sale-deed executed by its previous owner, adjudication of claim of opposite party becomes incidental to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution - Third party objections - SSC suit for eviction - When petitioner claimed that property in question had been purchased by her from its previous owner through a registered sale-deed, she had locus standi to claim that she had the right to resist her ejectment through execution proceedings instituted for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff is dominus litis - Defendant cannot ask plaintiff to add any person in the suit instituted by him - Application rightly dismissed...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim was recovered by police from the house of accused as per PW1 and PW2 - However, I.O. stated that victim was recovered near Railway station - No plausible explanation given for inordinate delay either in FIR or in evidence of witnesses - Main witness who is brother of victim was not examined during..........
Possession -- Revenue entries - Stray entry in jamabandi recording a party as a gair marusi without paying any rent, cannot be relied upon to hold lawful possession as tenant - In order to prove lawful possession, possessee is required to prove payment of rent...........
Arbitration and Conciliation Act, 1996, Section 29A(1) -- Time limit for arbitral award - Extension of time - If neither party moves an application for extension of time for making award, arbitration proceedings are terminated...........
National Green Tribunal Act, 2010, Section 26, 28 -- Failure to comply with order of NGT - Offence by Government Department - If a Government Department failed to comply with order of NGT, by a legal fiction u/s 28(1) of the Act, Head of Department shall be deemed to be guilty of such failure and shall be liable to be proceeded against - Officers of State were impleaded as..........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13 -- Res judicata - Divorce - Once the divorce decree is granted by one Court, then the same relief cannot be claimed by other party before any other Court against same party, as same is barred by principle of res judicata u/s 11 CPC...........
