Civil Procedure Code, 1908, Section 151, Order 14, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Framing of additional issue - Dismissal of application - Eviction petition - On ground of personal necessity - Issues have to be framed to determine controversy between parties and relevant issue would be whether landlord is entitled to seek eviction on ground..........
Civil Procedure Code, 1908, Order 14 -- Framing of additional issue - Whenever and wherever from pleadings of parties an issue of facts or law arises, the law places an obligation upon the Court to frame such an issue and to pronounce judgment thereupon - However, an issue would only arise when material proposition of fact or law is affirmed by one party and denied by..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for declaration and injunction - Defendants not admitted the case of plaintiff in toto - Pleadings disputed by defendants by filing written statement and additional written statement - Ingredients of O.18.R.1 CPC not satisfied - Plaintiffs have to discharge burden of proof of facts alleged in the plaint..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 23, 24 -- Grant of bail despite denial during previous Court hearings - Challenge as to - Ground of misconduct on part of Judicial Officer - Enquiry officer, disciplinary authority as well as the High Court failed to consider fact that Additional Public Prosecutor, appeared on behalf of State did not oppose..........
Additional Duties of Excise (Goods of Special Importance) Act, 1957, Section 3, Central Excise Act, 1944, Section 5A(1) -- Pan Masala - Withdrawal of exemption - Applicability of doctrine of promissory estoppel - Withdrawal of exemption to pan masala with tobacco and pan masala sans tobacco is in larger public interest, therefore, doctrine of promissory estoppel cannot..........
Additional Duties of Excise (Goods of Special Importance) Act, 1957, Section 3, Central Excise Act, 1944, Section 5A(1) -- Pan Masala - Withdrawal of exemption - Public Interest - Large percentage of teenagers consuming the hazardous product which led to exposing a large chunk of young population to the risk of oral cancer - Taking into consideration this aspect, if the..........
Civil Procedure Code, 1908, Order 41, Rule 27, 27aa -- Additional evidence at appellate stage - Plaintiffs filed application for taking copy of sale deed as additional evidence - However, plaintiffs no where disclosed due diligence in as much as how they came to know about sale deed and could not file the same before trial Court - No reasons whatsoever has been stated in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Additional accused u/s 319 Cr.P.C. can only be summoned in exceptional cases and that also after Court finds that more than prima facie case is established against additional accused sought to be summoned...........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to unmarried major daughter - Plaintiff is gainfully employed with masters degree at her hands - Court below thus, justified in awarding certain sums at initial stage but not after plaintiff secured a respectable job in good company earning more than Rs.20,000 to 25,000 pm for herself - Plaintiff cannot..........
Rajasthan Rent Control Act, 2001, Section 9(i) -- Eviction petition - Bonafide requirement - Merely because landlord`s son has ceased to be Additional Government Advocate in no manner it can be concluded that bonafide requirement as pleaded has become extinct on account of subsequent development...........
