Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Section 15(1) -- Auction sale - Delivery of possession - Applicability of S.15(1) of Limitation Act to an application filed U.O.21.R.95 CPC - Question left open...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Protecting possession of a caretaker or a servant - A person holding the premises gratuitously or in the capacity as a caretaker or a servant does not acquire any right or interest in the property and even long possession in that capacity is of no legal consequences - Held, trial Court was justified in..........
Indian Penal Code, 1860, Section 406, 409, 120B -- Accused on the basis of false and fraudulent documents made a claim which leads to award of compensation in land acquisition matter - Interest of State is certainly compromised or adversely effected - Matter cannot be termed as a civil dispute simplictor - Crime was therefore rightly registered - No reason to quash the..........
Civil Procedure Code, 1908, Order 6, Rule 4, Indian Contract Act, 1872, Section 17 -- Fraud - It must be proved and not merely alleged and inferred - A mere concealment or non disclosure without intent to deceive or a bald allegation of fraud without proof and intent to deceive does not render a decree obtained by a party as fraudulent...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Once application is allowed then procedure for proving the document in question should be followed - When such procedure is not followed then matter has to be remitted with direction to follow the procedure and thereafter decide the appeal...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 31 -- Impleadment of a party in first appeal - Party impleaded must be afforded an opportunity to adduce oral and documentary evidence and make his submission...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - First appellate Court shall state the points for determination, the decision thereon and reasons for decision - However, mere omission to frame point/points for determination does not vitiate the judgment of First Appellate Court, provided first Appellate Court records its reasons based on evidence adduced by..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - First Appellate Court is the final Court of facts - Judgment of appellate Court must therefore reflect Court's application of mind and record its findings supported by reasons...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Points for determination - All important questions involved in the case must be covered and they should not be general and vague - Appellate Court is justified in taking a different view on question of fact but that should be done after adverting to the reasons given by the trial judge in arriving at the..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -- Scope and object of SC/ST Act: (i) Act enlarges the scope of criminal liability by including several acts or omissions of atrocities which are not covered by IPC or Protection of Civil rights Act; (ii) Act provides protection to SC/STs for various atrocities affecting social disabilities,..........
