Legal Services Authorities Act, 1987, Section 21(2), Civil Procedure Code, 1908, Section 152 -- Lok Adalat Award - Misdescription of property - Amendment/correction of description of property - Petitioner to move trial Court and Lok Adalat for amendment in property description and trial Court and Lok Adalat will suitably amend the description of property...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - DH filed income tax returns of JDs, which shows that they have requisite means and are intentionally evading to pay decretal amount - However, this aspect was not considered by trial Court - Trial Court directed to re-examine about means of JDs for non-payment of decreetal amount...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court while exercising jurisdiction u/s 482 Cr.P.C, would not ordinarily embark upon an enquiry whether evidence in question is reliable or not or whether on a reasonable appreciation of its accusation would not be sustained, as this is the function of trial Court...........
Civil Procedure Code, 1908, Section 151 -- Amalgamation of two suits or two suits be tried together - One suit is at the stage of final arguments and other suit is pending at the stage of evidence of defendants - Both the suits be tried by the same Court without amalgamation - Suit pending at the stage of final arguments be decided preferably within a month from the date..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit for money - Defendant produced a document indicating that amounts have been paid to plaintiff - Moreover, defendant contended that he was suffering from dengue though treating doctor has not been examined - Adequate opportunity ought to be provided to defendant to make available..........
Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - Son of petitioner was missing in the year 2005 - Since then whereabouts are not known - It is thus, left open for petitioner to file civil suit in terms of S.108 of the Act and S.34 of Specific Relief Act and obtain necessary orders from the competent civil Court in accordance with law...........
Civil Procedure Code, 1908, Order 45, Rule 2 -- Appeal to Supreme Court against interim order passed by trial Court - Suit finally decided and decree not challenged further - Appeal dismissed as infructuous...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Substantial question of law must be debatable not previously settled by law of land or a binding precedent and must have a material bearing on the decision of the case, if answered either way, insofar as the rights of parties before Court are concerned...........
Criminal Procedure Code, 1973, Section 233 -- Summoning of defence witness - When accused submits a list of witnesses, it is not open for Court to pick and choose witnesses for issuing summons - Though Court is certainly bestowed with power to refuse to summon a witness, such refusal can only be for reasons to be recorded in writing, which have to relate to delaying..........
Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to suit - Appellants who were not made parties to suit have a right to seek leave to appeal from the judgment if such persons can show, even prima facie, that they are adversely affected by judgment or would be bound by it by reason of the facts shown to appellate Court...........
