Hindu Marriage Act, 1955, Section 25, 26 -- Permanent alimony - Absence of separate application - Not a bar to grant permanent alimony to wife while passing decree of divorce - Overall conduct of the parties has to be taken into account in considering the question whether S.25 of the Act has to be invoked...........
Railways Act, 1989, Section 124, 124A, 2(26) -- Death in an untoward incident - Deceased purchased a ticket but boarded a wrong train and died in an accidental fall - Deceased would be treated as bonafide passenger - Rs.4 lacs awarded as compensation...........
Specific Relief Act, 1963, Section 26 -- Rectification of sale deed sought on the ground that in fact intention was to execute a gift deed - Instrument tilted as 'Sale Deed' and parties are titled as sellers and purchasers - Sale consideration also mentioned - No document produced to show that plaintiffs intended to execute gift deed - No evidence that document was result..........
Delhi Rent Control Act, 1958, Section 14(1)(a), 14(2), 26, 27 -- Eviction of tenant sought on the ground of non payment of arrears of rent - Rent rendered by the tenant which landlord refused to accept - Held, it was mandatory for the tenant to deposit rent with the Rent Controller as envisaged u/s 27 of the Act - Tenant having failed to deposit, invited wrath of eviction...........
Civil Procedure Code, 1908, Order 26, Rule 20, 21 -- Commission issued by foreign Court - Court can appoint Commission on request of foreign Court - Commission to examine witness issued by foreign Court - Witness residing within jurisdiction of Punjab and Haryana High Court - Commission appointed by High Court accordingly...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - In a case where there is dispute relating to identity of the suit land, the same has to be established by deputing a Survey Knowing Commissioner to locate the land in dispute and find out its plot number...........
Mines and Minerals (Regulation and Development) Act, 1957, Section 15, Rule 24A(6), 26 - - Mining lease - Defective application - Pendency of renewal application - Effect thereof - Held, unless application made by petitioner is complete and statutory requirements are complied with it may not be proper to declare that petitioner has a statutory right u/r 24-A(6) of..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10(3) -- Second commission - If report of previous Commission is found unacceptable then without setting it aside, a second commission cannot be appointed - However when earlier report suffers from some deficiency which could be supplied by further enquiry then Court can direct same Commissioner or appoint a fresh Commissioner..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(ii)(v), Civil Procedure Code, 1908, Order 26, Rule 10 -- Cease to occupy - Local Commissioner found shop locked - Report of Commissioner cannot be used for the purpose other than the physical examination whether the shop was closed or not - It would be too difficult to make an inference of whether the tenant had..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment after closing of evidence by plaintiff - Held, if Court exercises the power while appointing Local Commissioner for satisfying himself as to about the actual position at the spot, then the parties should not feel apprehended by these reports...........
