Agreement to sell -- Specific performance - Refund of earnest money - Relief of specific performance denied to plaintiff - Plaintiff did not ask for alternative prayer of refund of advance money paid by them to defendants - However, defendants categorically admitted receipt of advance amount - Even in absence of refund of advance amount, with view to render complete..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Arrears of rent - Tenant deposited provisional rent as assessed by the Court - However, on the day fixed for payment neither tenant nor his counsel appeared in Court which resulted in order of eviction - Appellate authority should have taken broader view of the matter in extending the time for..........
Practice and Procedure -- No one can be punished for the fault of the Court...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Extension of time for payment - Husband contended that marriage between parties is itself is null and void as per observation of criminal Court, he is not liable to pay maintenance to wife - Contention rejected, as until and unless a competent civil Court passes a decree of divorce, observations made in..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copies of public documents - Plaintiff sought permission to lead secondary evidence with regard to certain documents, which are public documents - Said documents being public documents, certified copies thereof could have been obtained by plaintiff and could be produced before trial Court, but the same has..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Pleadings filed in Court containing defamatory statements amounts to publication...........
Criminal Procedure Code, 1973, Section 311 -- Re-examination of I.O and examination of additional three witnesses - Court below while allowing application for re-examination of I.O not discussed relevance of witness and necessity to examine I.O - Non-speaking order passed by trial Court - Order to extent of allowing re-examination of I.O set aside - However, as regarding..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Rejection of - Trial Court while disposing application has not recorded its categorical finding as to whether presence of witness is essential for due disposal of trial or not - Merely giving finding that prosecution is trying to fill up lacuna, does not absolve trial Court from its responsibility as..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Non-formulation of points of determination - Mere deviation from procedural requirements U.O.41.R.31 CPC, does not call for any interference to disturb concurrent findings of facts recorded by Courts below...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Points of determination - Real point for determination before First Appellate Court was correctness or otherwise of findings recorded by trial Court on issues framed in the case...........
