East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction decree - Mesne profits - Unlawful occupant - Once a decree of eviction is passed, tenant becomes an unlawful occupant and therefore, any contract between parties also comes to an end - Consequently, lease deed or escalation clause herein would not be..........
Maxim -- "Interest Reipubulicae Ut Sit Finis Litium"- Meaning - It is for general welfare that a period be put to litigation...........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Reduction of sentence - Accused aged 60 years had no prior enmity with deceased - He was in litigation with his son who allegedly sold the apple produce without his consent - Accused did not try to abscond during investigation and willfully and voluntarily associated himself during..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Transferee pendente lite despite order of injunction - Transfer of suit property pendente lite is not void ab initio and purchaser takes the bargain subject to the rights of plaintiff in the pending suit - Transferee pendente lite can be added as a party to the suit lest transferee suffered prejudice on..........
Indian Penal Code, 1860, Section 324, Probation of Offenders Act, 1958, Section 4 -- Voluntarily causing hurt by dangerous weapon - Benefit of probation - Occurrence took place in 1999 - Parties are involved in civil as well as criminal litigation - Accused not involved in any other case - It is not deemed necessary to send accused immediately to jail custody after 19..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Applicant was minor at the time of filing appeal - She was minor when service was effected and on that basis minor was proceed ex parte - Court rightly observed that decree against minor is nullity and if appeal is admitted for rehearing the same would be beneficial for the appellant himself - That was..........
Civil Procedure Code, 1908, Order 21, Rule 58, 102 -- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a purchaser of suit property..........
Civil Procedure Code, 1908, Section 35, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 118 -- Imposition of costs - Frivolous litigation - An no, agriculturist cannot purchase land in Himachal Pradesh without prior permission of State - Authorities directed him to produce required documents in specified time - But instead of filing requisite document, he..........
Protection of Women From Domestic Violence Act, 2005 -- Application under the Act - Amendment - Court under the Act has power to allow amendment of complaint if amendment becomes necessary in view of subsequent event or to avoid multiplicity of litigation, thought such power to allow amendment has to be exercised sparingly and with caution under limited circumstances...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife employed on contractual basis for six months at a salary of Rs.20,347/- - Wife and husband together were spending at least Rs.30,000/- per month on themselves - Wife is entitled to enjoy similar lifestyle which she enjoyed in the matrimonial home - Maintenance pendente lite awarded at Rs.15,000/- per..........
