Civil Procedure Code, 1908, Section 16, 20, Constitution of India, 1950, Article 226, 227 -- Writ petition about property filed in Allahabad High court though property was located within territorial jurisdiction of Lucknow Bench of Allahabad High Court - Single Judge of Allahabad High Court entertained writ against a private body - Two interim ex-parte orders passed..........
Criminal Procedure Code, 1973, Section 482, 319 -- Summoning of additional accused - Quashing of order - Court below while passing impugned order has not recorded any finding as to whether the evidence adduced before it, if u, controverted, would be sufficient to record a conviction of revisionist - Held, summoning order is not sustainable in the absence of such finding..........
Civil Procedure Code, 1908, Order 9, Rule 3, Civil Procedure Code, 1908, Section , Order 17, Rule 2, 3 -- Evidence closed by order when no evidence was led inspite of repeated adjournments and decree granted - Application U.O.9.R.13 to set aside judgment and decree - Application dismissed by holding that application U.O.9.R.13 CPC is not maintainable and only remedy..........
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Order 23, Rule 1 -- Suit for partition - Material on record indicated place in which possession of disputed land was declared in favour of defendant No.1 by Magistrate - Sessions Judge reversed order of Magistrate and order was further challenged by way of revision in High Court - A compromise was effected in..........
Criminal Procedure Code, 1973, Section 432 -- Remission of sentence - Validity of order - Plea of violation of conditions for granting remission - No conditions imposed by Government for grant of such order - Therefore, no interference called for...........
Land Acquisition Act, 1894, Section 4, 30, Civil Procedure Code, 1908, Section 151, 152 -- Land acquired and award passed - Reference decided - Finally High Court granted solatium at 15 percent and interest at 6 percent per annum which became final and binding as no appeal was filed in Supreme Court - Subsequently decree holders filed civil miscellaneous application u/ss..........
Civil Procedure Code, 1908, Order 20, Rule 21, Delhi Rent Control Act, 1958, Section 14(1)(e) -- Mesne profit - Tenant engaged landlord in litigation which prolonged for 18 years and enjoyed benefit of stay order - Held, tenant liable to pay all losses incurred by landlord - Rent Controller directed to conduct an enquiry and pass orders quantifying the amount...........
Civil Procedure Code, 1908, Section 100A -- (as amended by Act of 2002) - Letters Patent Appeal - Maintainability - Held, LPA is not maintainable against judgment and order passed by Single Judge of High Court in appeal...........
Wakf Act, 1995, Section 83 -- Tribunal - Powers - Tribunal has all powers of the Civil Court under the Code of Civil Procedure, and hence it has also powers under Order 39 Rules 1, 2 and 2A of the Code of Civil Procedure to grant temporary injunctions and enforce such injunctions - Hence, a full-fledged remedy is available to any party if there is any dispute, question or..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Deafness - Nothing on record to show that petitioner on account of deafness is unable to communicate with others or is incapable of protecting his interest - Defendant working as Lambardar of the village for the last 20 years - A person who is working as Lambardar of a village for 20 years cannot be said to be of unsound..........
