East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Main appeal decided without deciding the application - Inherent irregularity and patent illegality - Impugned order set aside - Matter remitted for decision afresh - Appellate Authority to decide the applciaotn for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Required to be proved by co-defendant, vendor - Prayer to prove the same in appeal - Appellant cannot be penalized for the default committed by vendor in not leading relevant evidence in support of the Will - If appellant is allowed to lead additional evidence, lis between the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ordered to be paid after deducting amount which she may be receiving as maintenance under order passed by any other Court - Held, order is valid...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Direction to pay maintenance from date of application - Special reasons are not required to be recorded - Only an express order needs to be passed - Both the terms `special reasons' & `express order' should not be confused - Express order implies that the Court is required to state the facts of the case, the..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Order U.O.38.R.5 CPC is not appealable...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Offence triable by Sessions Court - S.319(4)(b) is a deeming provision dispensing with the formal committal order against the newly added accused - Such person must be deemed to be an accused at the time of commitment because it is at that point of time the Sessions Court in law takes cognizance..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(i)(a) -- Eviction petition - Amendment - Eviction petition filed on the ground of arrears of rent - Amendment sought to seek eviction on the ground of personal necessity - Nothing stated in the amendment application on the basis of which it may be concluded that the..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(i)(a) -- Eviction petition - Amendment - Eviction petition filed on the ground of arrears of rent - Amendment sought to seek eviction on the ground of personal necessity - Nothing stated in the amendment application on the basis of which it may be concluded that the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant from date of application - For awarding maintenance from date of application express order is necessary - No special reasons are required to be recorded by the Court...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 494 -- Offence u/ss 406, 498-A & 494 IPC - Quashing of complaint and summoning order - No allegation against petitioner as regards offences u/ss 498-A and 406 IPC are concerned - Summoning order u/ss 498-A & 406 IPC qua the petitioner is clearly not sustainable - As far as offence u/s..........
