Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Mother purchasing house in dispute in the name of her son as a benamidar - Defendant cannot derive any benefit as plea of benami transaction is now hit by S.4(1) of the Act...........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Appeal - Remand - Counter claim - One plea of partition of joint family taken - Plea categorically rejected by trial Court - Held, it is clear that counter claim stood rejected - Matter cannot be remanded back..........
Civil Procedure Code, 1908, Order 20, Rule 21 -- Mesne profits - Grant of - Plaintiffs/appellants did not make any averments regarding factum of entitlement of mesne profit to appellants - Further, relief clause in plaint also does not contain any prayer for mesne profits - Held, since plaint is bereft of any pleadings in respect of mesne profit, court is compelled to hold..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Agreement between parties - Ouster clause pertaining to jurisdiction - Adherence to - Held, ordinarily Court would respect arrangement/agreement entered between the parties and court is not obliged to entertain suit and would be guided by agreement entered between the parties for their..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Plaintiff did not plead or pray for inquiry of mesne profits - Trial Court directed enquiry in respect of mesne profits - Held, in the absence of any pleadings or prayer in suit, enquiry for mesne profits should not have been directed by Court - Order passed by trial Court quashed and set aside...........
Specific Relief Act, 1963, Section 20, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plaintiffs were always ready to perform their part of contract and entitled for decree for specific performance - Does not raise a question of law - Second appeal not maintainable...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 21,25,29,61,85, Explosive Substances Act, 1908, Section 3,4,5, Unlawful Activities (Prevention) Act, 1967, Section 17,18,19,20, Indian Penal Code, 1860, Section 120B -- Huge recovery of RDX, Heroine, Fuse Wire, Live detonators and fire/timer devices - Bail - Refused -..........
Railway Protection Force Act, 1957, Section 20, Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 323, 504, 385 -- Members of force - Protection of acts - Availability of - Held, S.20 of the Act 1957 has no application for any offence punishable under provisions of Indian Penal Code and specifically in this case, Ss.323, 504 and 385 IPC - For..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Hindu law - Joint family property - Partition - There had been a disruption in the joint family many decades ago - There was also separate selling and purchasing of properties, raising separate fund executing Will or executing gift deed - Held, if parties for a long time have independent management of properties which by..........
Civil Procedure Code, 1908, Section 20(c), Civil Procedure Code, 1908, Section 20, Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Word `Or' used in between each clause - Thus each clause is independent of each other - More over an Explanation cannot be allowed to override a main provision to which it is appended - Presence of a subordinate office of the Company..........
