Civil Procedure Code, 1908, Order 21, Rule 72 -- Execution - Granting permission to D.H. to give the bid - None came forward to give the bid as such Executing Court allowed D.H. to give the bid at the time of auction of the property - Order upheld...........
Co-owner -- Rights - (1) A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of joint property by one co-owner, is in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire joint property does not necessarily amount to ouster as the..........
Indian Penal Code, 1860, Section 498A -- Kicking with leg and telling that her mother is a liar or that accused poisoned the ears of her son against the respondent or that she gave two used lady suits of her daughter to the complainant and has been given perpetual sermons to the complainant or threatening that her son may be divorced for the second time - These all are not..........
Arbitration and Conciliation Act, 1996, Section 34, 36 -- Arbitration award - Enforcement - Arbitration award is enforceable as a decree of Court when time for making an application to set aside such award has expired or where such application has been made and is refused - Until the disposal of an application u/s 34 of the Act there is an implied prohibition of..........
Adverse possession -- Possession delivered in pursuance of agreement to sell - Sale deed not executed - Plaintiff continued to remain in possession - Possession of plaintiff was permissive as per agreement - Held, a permissive possession at inception does not become adverse merely by passing of long time in the absence of requisite animus...........
Criminal Procedure Code, 1973, Section 167(2) -- Charge sheet represented after curing defects pointed out by Court beyond period mentioned in proviso - Charge sheet was originally filed within time - Accused is not entitled to default bail u/s 167(2) Cr.P.C...........
Arbitration and Conciliation Act, 1996, Section 11(5), 11(9), 11(2) -- Appointment of arbitrator - International agreement containing arbitration clause - Dispute having arisen, applicant laid application before High Court for adjudication of dispute through arbitrator - Subsequently, said application withdrawn from High Court and filed before Supreme Court - Respondent..........
Punjab Urban Estate (Development and Regulation) Act, 1964, Section 3, 8 -- Octroi tax - Imposition vide Notifications Dated 20.12.1983 and 22.05.1984 on entry of goods into notified area - Challenge as to - Petitioners are entitled to claim exemption from the payment of octroi duty for a period of six years commencing from the date of availing the incentive for the first..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 11, 19 -- Use of a residential building for commercial purposes - Permission as required u/s 11 of the Act to convert the use of a residential building for commercial use not obtained - Violation of S.11 of the Act - Held, when there is violation of S.11 of the Act then both the Sections viz. S.13 & S.19 of the Act..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope - Power of review is available in the event of discovery of new and important matter or evidence which despite exercise of due diligence was not within the knowledge of the applicant or could not be produced at the time when order was made - Review application is also maintainable when order is..........
