Rent and Eviction -- Sub letting - Inducting a partner - Tenant entering into partnership - Profit and loss 50% each - General power of attorney given to run business - Sub letting in disguise of partnership alleged - No material available on record to hold partnership was brought into existence for disguising a sub letting in reality - Tenant not liable to be evicted on..........
Civil Procedure Code, 1908, Section 151 -- Inherent jurisdiction - To prevent unnecessary harassment and to prevent miscarriage of justice - Court has ample powers under Section 151 to make such orders as may be necessary for the ends of justice - Power must be exercised with caution and due diligence with the object to prevent miscarriage of justice or to prevent the..........
Sale deed -- Sale by power of attorney holder - General power of attorney - Power to lease, mortgage and sale specifically given - Sale is valid...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At appellate stage - Amendment of plaint seeking relief of future mesne profits at appellate stage - Such an application is maintainable even though said relief not included in plaint originally - Claim for future mesne profits stand on a different footing from claim for past mesne profits which have to..........
Criminal trial -- Appeal against acquittal - When two views are possible and the trial Court has taken a reasonable view and acquitted the accused, appellate Court cannot interfere with such finding - In case there is perverse finding based on erroneous appreciation of evidence and a serious miscarriage is caused, appellate Court has ample power to reverse that finding...........
Evidence Act, 1872, Section 118 -- Power of attorney holder - There is no embargo for a power of attorney holder to appear as a witness - Power of attorney holder whether has personal knowledge about the controversy or not is a question which can be thrashed out by cross-examining him and only if it is found that power of attorney holder had no personal knowledge about the..........
Advocate -- Appearance as a witness - Advocate holding vakalatnama and power of attorney - Advocate a family member of the plaintiff - Held, being member of plaintiffs family it can safely be assumed that he must be having personal knowledge about the controversy as such he is a competent witness to testify...........
Consumer Protection Act, 1986, Section 2, 23A -- Limitation - Claim relating to defects in power tiller lodged with appellant in February, 1989 - Claim petition filed in District Forum in June, 1994 i.e. more than 4 years after lodgment of claim with appellant - Held, claim petition is barred by limitation...........
Criminal Procedure Code, 1973, Section 190(1) -- Three clauses of S.190(1) Cr.P.C. are not mutually exclusive and even after taking cognizance Magistrate is well within his jurisdiction to take cognizance of offence not included in charge-sheet by exercising power u/s 190(1)(c) Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Power to summon material witness - Held that the Magistrate is required to use his discretion u/S.311 Cr.P.C. judiciously and not arbitrarily - The discretion is not to be exercised in order to fill up lacuna in the case of prosecution to the disadvantage and prejudice of the accused persons...........
