Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and injunction - Suit is at the stage of cross-examination of PW1 - Amendment sought to seek possession of suit property - However, no reasons stated in affidavit accompanying application with regard to due diligence and why plaintiffs could not bring amendment earlier - Plaintiffs..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of limitation - Suit for declaration, permanent injunction and joint possession - Defendant has failed to fulfil requirements of O.7.R.11 CPC - Question of limitation is a mixed question of law and fact and therefore, its decision would depend upon evidence to be led by parties - As..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Further investigation - Final report on basis of dying declaration - Plea that dying declaration was manufactured and frivolous and that there was no dying declaration of deceased - This fact not investigated by I.O. - Final report..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Adoption - Declaration as to valid adoption, on appreciation of evidence, can be made by Civil Court and not by Revenue Court...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of additional accused - Dowry death - Main allegation is against husband and father-in-law of deceased supported by dying deceleration - However, no accusation against prospective accused in dying declaration - General allegation..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 10, 23, Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Gift deed by senior citizen - Cancellation - Res judicata - Bar of O.2.R.2 CPC - In an earlier application, gift deeds were not cancelled, but alternatively shelter was provided by Tribunal..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Plaintiff sought declaration with regard to Will being a forged and fabricated document - There is omission with regard to framing of an issue with regard to declaration which will go to root of matter - Application rightly allowed - However, only one opportunity to lead evidence is granted to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of easementary rights and permanent injunction - Land in question is a Gair Mumkin Samshan, which fact is admitted by plaintiff - Residents of area have interest in said public land - Rejection of application on the ground that land in question did not belong to petitioners,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration and possession - Suit on the basis of copy of "Adangal extract" - Entries in the revenue record do not confer title to property nor do they have any presumptive value on title - Plaintiffs are unable to support rights claimed by them by any title deed - In absence of any document of..........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Second appeal - Suit for possession and mandatory injunction - Plaintiff failed to establish his prior possession of suit property before 2011 when allegedly defendants made a construction on suit land - There was nothing before Court from which Court could even remotely hold that suit land belonged to..........
