Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection - Order passed for implementing mandatory injunction along with restitution in the form of damages - Such an order cannot constitute an Order U.O.21.R.97 CPC and is clearly an order u/s 47 CPC...........
Indian Penal Code, 1860, Section 393, 394, 398, 34 -- Offence u/ss 393, 394, 398, 34 IPC - Joint confessional statement - No offence made out from joint confession of accused - Substance of accusation or particulars of offences were not put to accused u/s 251 Cr.P.C - Statements of accused were recorded u/s 252 Cr.P.C, which are not in compliance of mandatory provision of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Opportunity of hearing to victim - Bailable offence - When a person is accused of committing only bailable offence or offences under the Act, it is not mandatory to grant opportunity of hearing to victim or dependent as provided u/s 15-A(5) of the Act in a proceeding..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for mandatory injunction was filed by plaintiff which was dismissed - Appeal against the same also dismissed, but special liberty was granted to plaintiff to apply for new electricity connection - Subsequent suit for permanent injunction filed alleging that plaintiff was being granted such electricity..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought seeking relief of mandatory injunction - Issues have been framed but trial has not commenced so far - Amendment sought is within imitation - Application allowed with costs of Rs.10,000/-...........
East Punjab Urban Rent Restriction Act, 1949, Section 2(dd) -- Non-resident Indian (NRI) - Any person of Indian origin who is either permanently or temporarily settled outside India is included in definition of NRI - It is not mandatory that person applying u/s 13-B of the Act, is required to be necessarily holder of an Indian Passport...........
Will -- Intention of testator - Testator executed Will in favour of his wife characterized by words such as `my wife shall be sole legal and rightful heir over my immovable and movable property and she will have every right and authority to sell, mortgage and lease' - Assertive language used in favour of his wife by testator is clear indication of creation of an absolute..........
Criminal Procedure Code, 1973, Section 273 -- Recording of evidence in presence of accused - Non-compliance of - Murder case - PWs were examined in absence of accused and on those dates no specific reasoned order was passed by Trial Court for the same - Pleader of accused not gave any version or statement that he was authorized by accused to examine witnesses in his..........
Consumer Protection Act, 1986, Section 13(2)(a) -- Complaint - Extension of time beyond statutory period of 15 days - District Forum has no power to extend time for filing of response to complaint beyond period of 15 days, in addition to 30 days as envisaged u/s 13(2)(a) of the Act - Such time limit of 30 plus 15 days in filing response to complaint is mandatory and to be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - If suit property itself is stated to be a passage of any nomenclature or kind, then any person having property abutting to suit land has a right to dispute the attempt of plaintiffs and to show the same to be public street and any such person has to be taken as a proper..........
