Evidence Act, 1872, Section 102 -- Burden of proof - In civil cases, rival contentions and rival evidence has to be considered, assessed, evaluated and weighed to conclude whether burden on plaintiff has been discharged...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite at appellate stage - Suit for declaration and injunction - Petitioners had knowledge of execution of sale deed before passing of the decree - However, they did not file any application for impleading them as party before trial Court - Application filed in appeal - Application rightly..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal could be admitted only when appellant satisfies the Court that substantial questions of law between parties arise - Proper test for determining whether a questions of law raised in the case is substantial would be or whether it directly and substantially affects the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Ownership of plaintiff is not at all disputed and same is well supported by documentary evidence - Concurrent findings of Courts below in decreeing the suit of plaintiff cannot be interfered with - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 12 -- Execution - Decree for possession and mesne profits - Determination of mesne profits - Court which passes a decree for possession of land may direct an enquiry as to mesne profits both prior to institution of suit and subsequent thereto - Executing Court cannot assume a jurisdiction which is not vested with it, as executing..........
Police protection -- Cannot be asked for issues that fall within jurisdiction of civil Courts, particularly when it involves resolving private disputes between parties - Civil rights must be adjudicated by competent civil Courts...........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Police protection - Writ Court will not order police protection when there is an element of civil dispute involved unless it is satisfied that there is a likelihood of law and order situation...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Partition suit - Plaintiff and defendant are siblings and delay is only 92 days - One opportunity be given to plaintiff in the interest of justice to put forth her case on imposition of terms and cost - Suit restored subject to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Title suit - Petitioners claim to be widow and children of original owner - They not only are proper parties to suit but they are indeed necessary parties to suit as without their presence no orders can be passed effectively by trial Court - If petitioners are not impleaded as parties, it would lead..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted by imposing condition of demolishing the wall at the expense of appellants and handing over possession of disputed property to complainant - Condition imposed clearly tantamount to deprivation of civil rights, rather than measures to ensure the accused's presence during trial - Condition set aside...........
