Criminal Procedure Code, 1973, Section 197 -- Want of valid sanction - Trial is null and void - Court cannot consider prosecution case on merits - Finding on merits of the case will stand expunged and will not be taken into consideration in future...........
Specific Relief Act, 1963, Section 31, 38 -- Sale deed - In respect of ancestral property - Suit by sons for declaration that sale deed is null and void - Nothing to show what was the age of son at the time when sale deed was executed so as to show whether sons had birth right to ancestral property - No documentary evidence produced regarding their age and date of birth -..........
Specific Relief Act, 1963, Section 31, 38, Limitation Act, 1963, Article 58, 58 -- Sale deed - Challenged being null and void - Suit is to be filed within 3 years from date of accrual of cause of action - Suit filed after lapse of 13 years from date of execution of sale deed - Suit is barred by limitation...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Lunatic - Decree against - No formal order passed appointing a guardian from the date of institution of suit till the appointment - No prejudice caused to the J.D. - Suit not null and void - Court has jurisdiction to try the suit...........
Khasra Girdwari -- Change in - Duty of Patwari before making any change to notify in writing person or persons likely to be adversely affected - Changes so made should be attested by Lambardar or Panch of the village - Entries made in violation of Instructions of Financial Commissioner which prescribe mode for effecting changes in existing Khasra Girdawari - Shall be..........
Religious Institution -- Lease for 99 years of land of Smadh - Null and void - Confers no right on lease-holder - Mohitmim cannot create lease for 99 years of land of Smadh - Lease-holder cannot insist upon that he should be recorded as lease-holder for 99 years in revenue record - Even if lease-holder continued to be recorded as leaseholder for 99 years in the revenue..........
Khasra Girdwari -- Entry Change in - Person recorded as lease-holder for 99 years since 1968 continuously till 1987 when lease entries changed into entries of tenancy without any notice to lease-holder or order of competent authority - Lease for 99 years of land of Smadh - Null and void - Lease-holder cannot insist to be recorded as lease-holder in revenue record - Even if..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction in a suit for declaration that orders for restoration of Khal for two crops of Sub Divisional Canal Officer and Divisional Canal Officer illegal, null, void and without jurisdiction - Orders passed after Sub Divisional Canal Officer visited the spot and verified the averments and relief granted for two..........
Civil Procedure Code, 1908, Section 9 -- Dismissal from service and compulsory retirement - Suit for declaration that order is null and void and inoperative - Industrial dispute existing between parties - Forum under Industrial Disputes Act constituted to properly adjudicate the dispute - Jurisdiction of Civil Court is barred by necessary implication...........
Insurance claim -- Repudiation - Ground that life assured intentionally suppressed material facts regarding the state of his health, his age and income - Information as to the insured having suffered from Cancer before the policy was taken and the hospitalisation for the same came to the light afterwards and the insurance company is not to know this by an examination of..........
