Registration Act, 1908, Section 43 -- Will - Deposit - Absence of seal and initial of Registrar on the outer side of envelope of the sealed cover in which Will was deposited - Held, not a suspicious circumstance to doubt the genuineness of Will...........
Civil Procedure Code, 1908, Order 39, Rule 1, 4, Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 226 -- Temporary injunction - Alternative remedy of appeal - Availability - Held, an order of injunction, whether interim or final, is an order falling within R.1 or 2 of O.39 CPC and is appealable U.O.43.R.1(r) CPC - Mere quoting wrong..........
Electricity Act, 1910, Section 58, 43 -- Unsanctioned load - Demand of load surcharge - Appellant permitted to install Turbo Generator set on certain conditions - Chief Engineer commercial regularized/sanctioned the installation of Turbo Generator set - Load connected to Turbo Generator set - Load, held, not unsanctioned - Breach of conditions of permission not alleged in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Recovery from a tractor trolley which was in transit in public place - Question of compliance or non compliance with the provision of S.42 of the Act is inconsequential...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Suit dismissed on preliminary issue of limitation - Decree not drawn - Counter claim allowed to be continued - Once the suit is dismissed, the act of drawing the decree is of formal nature and if Court has omitted to draw the decree then Court could be asked to perform its..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, 43 -- Maintenance - Ex parte interim maintenance - Appeal and not revision against the order is maintainable...........
Punjab Town Improvement Trust Act, 1922, Section 43 -- Alteration of scheme after sanction - Challenge to - Delay & latches - Proposal for change of land use in respect of land in question was first of all mooted in year 2004 - Thereafter, various occasions were available with petitioner society to challenge action of respondents - However, no proceedings were initiated -..........
Punjab Town Improvement Trust Act, 1922, Section 43 -- Town improvement - Held, it is within competence of Trust to make any alteration of scheme after sanction with prior approval of State Government...........
Civil Procedure Code, 1908, Section 104, Order 43, Delhi High Court Act, 1966, Section 10(1) - - Letters patent appeal from orders - Held, in case of an order passed by Single Judge in exercise of ordinary original civil jurisdiction in case of a no, appealable order u/s 104 r/w O.43 of CPC which meets the test of a "judgment" that decides matters of moment or affects..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Challenge to - Remedies available - Held, only remedy available to a party who seeks to challenge a decree on the ground that compromise on which it was based was void or voidable and therefore, unlawful, is either to go back to Court which had passed..........
