Agreement to sell -- Specific performance - Defendants contended that agreement to sell is a fabricated document - However, they failed to appear and adduce evidence before trial Court and state their case on oath and offer themselves for cross examination by other side - Presumption rightly drawn against them that case set up by defendants is incorrect - Possession of..........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Summons to produce document - Defendant has already laid foundation about existence of document in question in written statement - Occasion for defendant to file an application for summoning the document had arisen only when his turn of evidence came to be recorded - It cannot be said that defendant had slept over in not..........
Practice and Procedure -- Matter listed as `lunch motion' by making misrepresentation to Court - Citing urgency for lunch motion on a non-existent ground by misstatement deserves imposition of costs...........
Civil Procedure Code, 1908, Section 115 -- Revision - Against issuance of notice for appearance and filing objections in execution case, not maintainable, as it is not a case decided by any Court subordinate to High Court - Petitioner instead of approaching High Court should have approached Execution Court pursuant to notice and must have been duly advised by his counsel -..........
Registration Act, 1908, Section 17(b) -- Registration - Compromise decree - Order of Court/decree which extinguishes rights, title or interest is required to be compulsorily registered - Right course thus, open for Civil Judge was to decree the suit and send a copy of decree for registration to Sub-Registrar u/s 17 of the Act - Sub-Registrar, if deemed necessary, can take..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Bail - Offence u/ss 20(b)(ii)(c), 29 of NDPS Act - Petitioner was served with a notice u/s 50 Cr.P.C. - However, there was no disclosure of grounds of arrest - Mere mentioning Section of NDPS Act, registered in the F.I.R., cannot be said..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Not filed within time - Suit for possession by way of specific performance as well as permanent injunction - Keeping in view nature of suit and the fact that in case defendant is not permitted to file his written statement, great injustice would be occasioned to him - One opportunity is thus, granted to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, Court is not to examine plaint case on merits whether plaintiff is going to succeed or not - At this stage, plaint averments are to be read to ascertain whether any cause of action has arisen to plaintiff to file suit...........
Custody of child -- Writ of habeas Corpus - Cannot be used only for mere enforcement of direction given by foreign Court and same is one of facts to be considered and extra ordinary power of writ of habeas Corpus can be availed in exceptional cases where detention of a child by parent or others is found to be illegal and without any authority of law and where original..........
Custody of child -- Writ of habeas Corpus - Court while passing writ of habeas Corpus will examine whether welfare of child requires that custody should be changed and should be left in the care mad custody of somebody else...........
