Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Suit for declaration of ownership - Assignee of rights during pendency of suit - Held, assignee has a right to be impleaded as a party, he having stepped into the shoes of assignor...........
Criminal Procedure Code, 1973, Section 439 -- Murder case - In dying declaration deceased stated that petitioner husband and mother in law brought her to the hospital after she caught fire - Deceased has not named petitioner for the alleged incident of setting her on fire - Challan submitted and charges already framed - Held, circumstances warrant granting of bail to..........
Civil Procedure Code, 1908, Section 96 -- Suit for declaration - Finding of fact - Based on purely oral evidence - Testimony of all witnesses considered minutely - No interference in appeal with such finding...........
Civil Procedure Code, 1908, Order 41, Rule 33, Punjab State Election Commission Act, 1994, Section 76,77,81,100,103 -- of as requisite security has not been deposited - of ,R. - Election petition dismissed by Tribunal on ground of non-compliance of provisions of Act of or ,R. 52 - Punjab Panchayat Election Rules 1994, R. 52, - Petitioner claimed declaration in his..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit seeking declaration of perfection of title by prescription - Plaintiff, in earlier suit, sought declaration of title on the basis of sale deed, but failed to prove - Held, subsequent suit filed, agitating same issues but on new grounds is hit by the principles of res judicata...........
Civil Procedure Code, 1908, Section 46, Order 23, Rule 3A, 3B -- Compromise decree - Remedies thereagainst - Held, remedy available to a party to compromise decree to avoid such a consent decree is to approach the court, which recorded the compromise arrangement by making the necessary petition in the same proceedings - However, if a person is not a party to the compromise..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368 -- Accused committing murder of his wife and four daughters - On the night of incident, accused came late at night poured kerosene oil on his wife and four children aged 1 to 10 years, and set them ablaze - Dying declaration of eldest daughter aged 10 years recorded by Investigating..........
Evidence Act, 1872, Section 114(g), 32, Criminal Procedure Code, 1973, Section 161 -- Dying declaration - Suppression of - Presumption - Held, when an important document has been suppressed without there being any explanation, an adverse inference can be drawn u/s 114(g) of Evidence Act, 1872 - A presumption can be raised from willful withholding or suppression of useful..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Haryana Co-operative Societies Act, 1984, Section 27, 114(1)(e), 114(2)(e) -- Rejection of plaint - Civil suit for declaration challenging the order rescinding the resolution as illegal as no opportunity of hearing was provided - Remedy of appeal available against the order under challenge - Held, when alternative remedy of..........
Civil Procedure Code, 1908, Section 16, 20 -- Jurisdiction - Suit for declaration in respect of immovable property - Property situated outside jurisdiction of Court - Court has no jurisdiction even if part of cause of action, within meaning of S.20 CPC, arose within jurisdiction of that Court...........
