Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Once the main case is restored to file by setting aside the order of dismissal, interlocutory applications, interim orders passed therein, which were in force at the time of dismissal of appeal, are automatically restored even in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration claiming right by way of easement - Dispute as to existence of passage in question - Record regarding said passage silent - Appointment of survey Commissioner is thus necessary for ascertainment of existence of said passage - Order for appointment of Commissioner, passed by trial..........
Indian Penal Code, 1860, Section 420, 465, 177, 181, Criminal Procedure Code, 1973, Section 245 -- Cheating and forgery - Discharge - Nowhere complainant or any of his two witnesses stated that accused knew that information that he was certifying to be correct was false or he had reason to believe that information was false - Some assertion on their part in this regard is..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 148 -- Extension of time - Payment of provisional rent - Conditional eviction order was passed and compliance was to be made within two months - However, rent was still not deposited till 5.9.2014 whereas last date to deposit the same was 2.4.2012 - Bonafide of tenant was missing..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea of fraud - Decree alleged to be obtained by fraud - Once plea of fraud has been set up by defendant before Executing Court and credible evidence in support of such plea was also placed, it was incumbent upon the Executing Court to have examined the issue of fraud, on merits, and such plea ought not to..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration application - Condonation of delay - Previous conduct of parties or previous adjournments granted by Court finding sufficient cause are irrelevant consideration for deciding restoration application - Rejection of application on irrelevant consideration - Impugned order set aside -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately - In order to receive maintenance it is incumbent upon wife to prove reasonably that she has got just cause to live separately from her husband - Imposition of unreasonable condition as an excuse for living separately by either of the spouse is not permissible in law...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Wife herself imposing unreasonable pre-condition for her husband to first desert his mother in order to enjoy her company - No such special reasons have been assigned by wife as to why she is not willing to live with and in the company of her mother-i, law - Imposition of unreasonable condition as an excuse for..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court without application of mind has framed the issues, at the stage when the JDs. were left with absolutely no right, title or interest in the suit property - Objection Petition is nothing but a contrivance of JDs in collaboration with the objectors to further delay and dilate..........
Civil Procedure Code, 1908, Section 100 -- Eviction petition - Finding of fact - Finding of appellate Court as to relationship of landlord and tenant and need for demolishing existing building for construction of a new building for personal use and that tenant has not paid rent to landlord since he purchased the suit property - In second appeal High Court set aside order..........
