Civil Procedure Code, 1908, Order 37 -- Summary suit - Suit U.O.37 CPC is maintainable only if a claim within ambit of O.37 CPC is made thereunder...........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Claim besides that within ambit of O.37 CPC - Plaintiff to be ousted on the very first day from proceedings U.O.37 CPC - Mere fact that Joint Registrar entertained suit will not come in the way of Court now to correct the mistake...........
Railways Act, 1989, Section 124A, Limitation Act, 1963, Section 5 -- Compensation - Condonation of delay - Delay of 557 days - Absence of any provision of Railways Act providing for condonation of delay in filing claim application is of no consequence nor can respondent be heard to say that in absence of any such provision providing condonation of delay in Railways Act,..........
Adverse possession -- Plaintiff can claim title to property based on adverse possession...........
Mohammedan Law -- Wakf property - Mutawalli - Office of mutawalli not transferable - Mutawalli does not have general power to assign or transfer his office to another person, unless he is given such powers by wakf deed itself - Creation of trust deed to alter succession of office of mutawalli in favour of wife of mutawalli tantamount to changing terms of original wakf..........
Mohammedan Law -- Wakf property - Mutawalli - Office of mutawalli - Wakf deed does not envisage female descendants to fall within purview of words `putro poutradi krome' and hold office of mutawalli - Wife and daughters of last mutawalli cannot stake any claim to mutawalliship of wakf estate - Instead, nephew of last mutawalli/respondent No.1 is a male lineal descendant..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Public property - Possession of public property by any individual or group of individuals is no possession in the eyes of law and such group of persons cannot claim any right over such public property - Entry of plaintiff in suit property is by way of illegal means - Plaintiff would be treated to be a rank..........
Wakf property -- Appointment of Mutawalli - In order to establish a claim of hereditary succession to mutawalliship, intention of waqif, as manifested either through directions given in wakf deed or creation of a custom, is of paramount importance...........
Indian Penal Code, 1860, Section 302, 436, 34 -- Murder - Testimony of eye witnesses - Serious discrepancy found in eye witnesses account regarding time of their arrival at the spot - Evidence of medical jurist and I.O regarding absence of wire marks on dead body, duration for which dead body of deceased would have kept burning for it to present signs which were notice in..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Does not constitute substantive evidence - These parades are governed by S.162 Cr.P.C. and procedural law does not oblige investigating agency to necessarily hold a TIP nor there is any provision under which accused may claim a right to holding of TIP...........
