Civil Procedure Code, 1908, Order 14, Rule 3, 5 -- Framing of additional issues - Issue as to rectification of survey number - Suit for specific performance - No objection raised by defendants in their written statement with regard to said relief - In such situation, it is not open for defendants to contend that Court below has not properly framed the issues - Application..........
Food Safety and Standards Act, 2006, Section 19, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 -- Milk - Adulteration with hazardous substances like urea, detergent, refined oil, caustic soda, etc. which adversely affects the consumers health - Supreme Court passed necessary directions, viz. (i) Union of India and State Governments shall take appropriate..........
Partition -- Parties residing separately since more than 70 years, mess is separate, residence is separate, properties are acquired separately - Even, parties are recorded separately in revenue records of rights - Moreover, presumption of jointness in favour of plaintiff is very weak as he is 4th generation from the founder, who himself admitted separation between the five..........
Constitution of India, 1950, Article 14 -- Appointment for Archaeological Survey of India (ASI) - Tender - Eligibility - As per the record it appears that two years experience is required for primarily working with ASI - In the instant case, petitioner was not eligible in participating in the tender process, as the work he was assigned was not related to him - Even, he..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of description of plaint schedule property by way of insertion of Survey Number and Patta Number - Amendment sought after commencement of trial - Due diligence on the part of plaintiff is absence - In the absence of such a statutory mandate, application filed by plaintiff is not maintainable -..........
Constitution of India, 1950, Article 226 -- Allotment of land - For the purposes of manufacturing salt - Land reserved for the said purpose no more available for allotment - Application for allotment of land dismissed - Revision filed after 5 years of said dismissal rejected on the ground of delay - Matter was challenged again before High Court after a delay of five years..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mis-description of boundaries - Boundaries would prevail over survey number and extents and same can be corrected for no change of boundaries - Moreover, it would not change or alter the nature of suit or against the action - No prejudice will be caused to defendants - Impugned order of trial Court..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Suit for injunction - To note down physical features of suit property - Apprehension of defendant that plaintiff in guise of obtaining injunction, might encroach into his land - Held, mere noting down physical features, it is well nigh impossible to someone to say that a particular land is in..........
Registration Act, 1908, Section 17 -- Registration of a document - Law as to - (1) The Registering Authority may refuse to register a document if the language of the document is not understood by the authority. (S.19); (2) A document containing interlineations, blanks, erasures or alterations which are not signed or initialed may be refused to be registered by the..........
Madhya Pradesh (Chhattisgarh) Nagar Thatha Gram Nivesh Adhiniyam, 1973, Section 50(1) -- Development Authority to declare its intention to prepare a Town Development Scheme "at any time" - Phrase "at any time" does not give unbridled arbitrary power to the Authority as it requires study, survey and assessment of need/requirement of plots for the residents of the area..........
