Constitution of India, 1950, Article 226 -- Writ jurisdiction - Prima facie on strength of agreement to sell, particularly when possession had not been handed over to builder, it was not open to him to file writ application for demarcation of property as unencumbered property or otherwise...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Application to take on record original rent receipts showing rate of rent - Explanation given by petitioner that documents were given to previous counsel, who failed to file it, does not appear to be mala fide, as no, filing of such documents was to the disadvantage of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 79 days in filing appeal - Day-to-day delay not explained - More so, completely vague ground for condonation of delay has been given that appeal was handed over to counsel who took his own time to file appeal - Delay not satisfactorily explained - Application rejected...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Earlier suit dismissed for no, appearance of both the parties - Restoration application also dismissed for non payment of costs - When suit is dismissed for non appearance of both the parties, plaintiff can file fresh suit and dismissal of restoration application has no significance in the matter...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file a fresh suit on same cause of action - Non-compliance of mandatory provision of S.80 CPC by plaintiff - Omission to issue notice u/s 80 CPC is a serious infirmity and not a formal defect as it is pre-requisite for filing suit against Government or a Public officer - Plaintiff..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Permission to file written statement was sought after obtaining the copy of plaint by newly added defendant - There is no undue delay on the part of defendant - Moreover, provision of O.8.R.1 CPC is directory in nature and delay if any can be condoned in an appropriate case -..........
Protection of Women From Domestic Violence Act, 2005, Section 21, Family Courts Act, 1984, Section 7, 8 -- Custody of minor - U/S 21 of 2005 Act, no independent remedy has been provided to seek custody of minor child and jurisdiction has been conferred upon Magistrate to grant temporary custody of child to aggrieved person during the course of hearing of an application for..........
Mumbai Municipal Corporation Act, 1888, Section 394 -- Renewal of trade licenses - Recovery of `trade refuse charges' - Challenge as to - Plea of appellants that since they do not generate trade refuse, therefore, rate fixed for levy of TRC is arbitrary - Cl.6 of Circular Dt. 11.10.2011, increasing TRC by 10% every year from 2009 is arbitrary - Also in Cl.4 persons who do..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Permissibility - In order to succeed in an application filed for withdrawal of suit with liberty to file afresh suit, plaintiff has to satisfy at least one of two requirements mentioned in O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Permissibility - Plaintiff failed to prove that suit has suffered from any formal defect - Except raising a vague plea that defendants have intended new concepts, plaintiff has not explained as to what those concepts were and whether they constitute sufficient ground to..........
