Will -- Probate - Execution and genuineness of Will is proved on record - Due execution, attestation and testamentary capacity of testatrix all question were decided by Division Bench in favour of propounder of Will - No appeal was preferred against such findings - No ground made out to upset the said decision of Division Bench under Appeal before Supreme Court...........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Construction work had to be stopped half way at the instance of appellant - Respondent not at fault at any stage after purchasing the plot from appellant - Appellant caused loss, inconvenience and mental harassment to the respondent while completing construction - District Forum allowed complaint and awarded..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, Civil Procedure Code, 1908, Order 41, Rule 22 -- Remand - Landlord tenant relationship - Decided in favour of plaintiff but suit dismissed - Appeal by plaintiff - Finding of relationship of landlord and tenant neither challenged by landlord nor by tenant by filing cross objections - Order of Appellate Court reversing said..........
Civil Procedure Code, 1908, Section 11, Order 22, Rule 5 -- Res judicata - Orders passed in application for substitution of L.R's - A decision U.O.22.R.5 CPC is in the nature of collateral proceedings for the purpose of determining who are LRs for continuing the suit - Order passed is not a final order or final adjudication of the matters involved in the suit - Absence of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise during pendency of second appeal - Appeal decided in terms of compromise - Compromise challenged by one of the parties - High Court dismissed application - In appeal thereagainst Supreme Court remitted the matter for fresh consideration and to decide question of consideration of compromise - High Court without..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures sought during pendency of first appeal - Application filed almost four years from the date of filing appeal - Dismissal of application calls for no interference as petitioner admitted her signature in the written statement and in view of the fact that there is no explanation as..........
Agreement to sell -- Specific performance - Compensation in terms of money - Legality of order - Agreement for land entered into for meager consideration, cannot be said to be valid consideration - More so, defendant is a farmer and disputed land is the only source of his livelihood, thus, equitable and discretionary relief of specific performance cannot be granted -..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Misleading Court by concealing material facts - Court which granted bail, cannot reject bail already granted, as Court is not in a position to review its earlier order - Only remedy available is to file an appeal against order granting bail - Application for cancellation of bail rejected...........
Suits Valuation Act, 1887 - - Plaintiff filed suit for vacant possession of land underneath her room and demolition of unauthorized construction - As per the agreement, plaintiff is the owner of construction raised on first floor, whereas defendants are owners of construction raised on ground floor - Defendants by examining scribe and witnesses to agreement, duly proved..........
Civil Procedure Code, 1908, Order 39, Rule 1, 3, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104 -- Grant of interim injunction in regular appeal filed U.O.41 PC - Appeal there against - Appeal is maintainable in view of S.104(1) read with O.43.R.1(r) CPC...........
