Civil Procedure Code, 1908, Order 21, Rule 90, 64 -- Auction sale - Setting aside - Property worth Rs.1 crore sold in auction sale at partly sum of Rs.5,50,000 - Sufficient ground to set aside sale...........
Evidence Act, 1872, Section 68 -- Registered sale deed - Proof - To prove, it is not necessary to call an attesting witness when its execution is not denied specifically by a person who has executed the same, except the deed of `Will'...........
Evidence Act, 1872, Section 68 -- Registered sale deed - Execution - Proof of - Execution of document never questioned or objected by its executor - Defendants being stranger or third party to sale deed, has no right to question the authenticity of its due execution and attestation...........
Evidence Act, 1872, Section 65(e) -- Secondary evidence - Certified copy of registered sale deed is secondary evidence of public record kept in Registrar's office and is admissible in evidence u/s 65(e), (f) of the Act...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Defendant taking plea first time in second appeal that erstwhile owner has executed unregistered sale deed of suit property in his favour at the time of filing of suit - No such plea taken before First Appellate Court - Said plea cannot be considered at the stage of second appeal -..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Final decree - Shares of parties already determined with plaintiff and defendant no.1 by passing a preliminary decree - It is only with respect to 2/6th share that there is inter se dispute between defendant no.2 and defendant no.3 - Said dispute does not fall adjudication in the present suit, as it is already a..........
Partition Act, 1893, Section 2 -- Partition - Final decree for partition by sale - Not barred u/s 2 of the Act, in the event of inter se dispute between two or more persons with respect to one share in property, particularly when other share in property is not affected by said dispute...........
Criminal Procedure Code, 1973, Section 207, Information Technology Act, 2000, Section 66, Copyright Act, 1957, Section 63, 63B -- Non-supply of hard disk to accused - In the instant case, appellant stolen `source code' of software known as `Quick Recovery' developed by complainant's company and thereafter put it for sale on website of appellant company under the name of..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Amendment sought by tenant on the ground that landlord along with his wife who had died 4-5 years back was owner of property as per sale deed and tenant had been paying rent in name of wife..........
Rent and Eviction -- Personal necessity - Sale of two shops by landlord to existing tenants in occupation of the shops - Sale to existing tenant is an important circumstance which supports the finding of trial Court that sale was for financial need or in compelling circumstances...........
