Service -- Dismissal from service when convicted for an offence - Appellant convicted u/s 408 IPC and sentenced imprisonment - On appeal, Sessions Court upheld conviction but released on probation - By reason of conviction appellant dismissed from service - Words 'disqualification, if any, attaching to a conviction of an offence under such law' in S.12 of Probation of..........
Civil Procedure Code, 1908, Order 22, Rule 1, Specific Relief Act, 1963, Section 37, 38 -- Decree of injunction restraining defendant from interfering with plaintiff's possession - Death during pendency of appeal - Injunction is not personal to party in whose favour it is granted - Decree survives to his L.R's coming into possession over property in dispute...........
Civil Procedure Code, 1908, Section 96(3), Order 20, Rule 5-A -- Order 20.R.5-A is not attracted when consent decree is passed as no appeal lies against such a decree...........
Civil Procedure Code -- Not applicable to execution of pre-emption decree for possession - Order 41 Rules 6 and 8 applicable in a case where any immovable property in execution of decree being sold - Suit for possession by way of pre-emption decreed, same upheld upto Supreme Court, in execution objections of judgment-debtor dismissed, same upheld by High Court, Special..........
Civil Procedure Code, Section 21(1) -- Objection to territorial jurisdiction of trial Court before Court of Appeal - Setting aside of decree without a finding that prejudice has been caused - Not sustainable - Unless failure of justice proved - Entire proceedings cannot be annulled - Three essential conditions under Section 21 are: (1) objection taken in the Court of first..........
Punjab Land Revenue Act, Section 13 -- Lambardari appeal - Collector's choice in appointment of Lambardar - Not to be disturbed unless and until Collector's order illegal or perverse...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty & desertion - Necessary parties - Divorce petition by husband on the ground of cruelty due to false allegations of wife that he had illicit relations with a lady which resulted in criminal proceedings u/s 109 Cr.P.C. and arrest of both who were found together - Acquittal in criminal proceedings does not mean that he..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Limitation - Plea as to bar of limitation not raised in pleading as such no issue framed - Plea also not raised before lst appellate Court - Cannot be allowed to be raised in the second appeal...........
Limitation Act, 1963, Article 136 -- Execution of decree - Stayed by Court - Decree - holder not entitled to property till decision of appeal - Immediately after dismissal of appeal execution proceedings revived - No question of objectors becoming owners after expiry of limitation...........
Indian Penal Code, 1860, Section 306, 498A -- Appeal against conviction - Suicide - Within three years of marriage - Not proved on record that any harassment was caused by the accused to coerce the deceased for any demand of dowry or any other property or valuable security - The omissions of the PWs in their statements before the police and the improvements made by them at..........
