Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction suit - Lease deed is executed by plaintiff, which is time bound lease subject to further renewal and only limited rights have been given to lessee - Therefore, in title dispute lessee would not be necessary party - However, in SCC Suit rights of third party is affected in tenancy dispute..........
Civil Procedure Code, 1908, Section 50 -- Legal representative - Death of JD - Where decree is executed against a legal representative, he is liable only to the extent of property of deceased judgment debtor which has come to his hands...........
Trusts Act, 1882, Section 3 -- Trust - Trust does not have a separate legal existence of its own making it incapable of suing or being sued - Trustee has the obligation to file, maintain and defend any suit on behalf of Trust...........
Criminal Procedure Code, 1973, Section 304 -- Free Legal aid to accused - State is under constitutional mandate to provide free legal aid to an accused person who is unable to secure legal services on account of indigence...........
Criminal Procedure Code, 1973, Section 304 -- Free Legal aid to accused - Court had not put petitioner on notice regarding his right to be defended by a pleader assigned by State on the date on which petitioner's earlier Counsel relinquished his Vakalath - Even it is for accused to decide whether he wants to conduct the case himself or through a lawyer assigned by Court,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Scope of O.7.R.11 CPC is limited to defects apparent from the plaint itself and intent behind it is to prevent misuse of legal process with a view to ensure that only genuine disputes proceed to trial...........
Auction sale -- Setting aside - Refund of money to auction purchaser - Auction purchaser entered the auction in good faith and deposited its hard earned money in the belief that law clothed the auction with legitimacy - Auction purchaser neither breached the covenant nor failed in diligence and did not seek to profit from the illegality - Restitution therefore becomes not..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Guidelines modified, viz. (a) If accused pays cheque amount before recording of his evidence (namely defence evidence), then Trial Court may allow compounding of offence without imposing any cost or penalty on accused; (b) If accused makes payment of cheque amount post..........
Electricity Act, 2003, Section 135, Legal Services Authorities Act, 1987, Section 22 -- Theft of electricity - Jurisdiction of Permanent Lok Adalat - Permanent Lok Adalat cannot interfere in a matter where petitioner/Punjab State Power Corporation has issued notice u/s 135 of Electricity Act alleging theft of electricity...........
Special Marriage Act, 1954, Section 27(b) -- Divorce - Desertion - Petition by husband - Wife not residing with husband since 1996 - Letter of 1999 addressed by wife to husband, contains a categorical statement that she was leaving him without force or influence, which corroborates the fact of separation - Even in the compromise entered before Legal Services Authority..........
