Urban Lands (Ceiling and Regulation) Act, 1976, Section 10, Specific Relief Act, 1963, Section 34 -- Surplus land - Suit for declaration and permanent injunction - Possession of land was taken by authority by conducting panchnama for which plaintiff is a signatory - Land was allotted to BDA and same was utilized for public purpose - Belated attempt was made by plaintiff by..........
Service -- Termination during probation - Suppression of earlier employment - Before declaration of probation, on the ground that employee has not disclosed particulars of earlier employment, it is always open for employer to terminate his temporary service without issuing any notice - Merely because antecedents were verified by addressing a letter to SHO concerned, it..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for declaration of title and permanent injunction - No formal defect found in the suit - Plea of plaintiff that his predecessors in title had exchanged their properties in lieu of suit properties - However, when plaintiff knows that he filed application at fag end of trial, he should have given..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for declaration and injunction - Defendant during pendency of suit entered into agreement to sell with petitioner and received an advance amount of Rs.5 lakhs - Right of petitioner is subservient to rights of defendant in the suit and subject to any adjudication and decision to be made in the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed in excess acquired under the Will - Will, held not revoked, by executing an agreement in between some of the beneficiaries - Held, sale is valid only to the extent of land which was bequeathed in favour of vendor under the Will - It will be open for the..........
Family Courts Act, 1984, Section 7(d) -- Muslim Law - Extra judicial divorce - Endorsement of extra judicial divorce and consequential declaration of status of parties by Family Court invoking S.7(d) of Family Court Act is contemplated only to have a public record of extra judicial divorce - Hence, detailed enquiry is neither essential nor desirable in a proceeding..........
Family Courts Act, 1984, Section 7(d) -- Muslim Law - Extra judicial divorce - Guidelines issued to Family Court in a petition filed u/s 7(d) of the Act to endorse extra judicial Divorce under Muslim Personal law and to declare the marital status of parties to marriage viz. : (i) on receipt of petition, Family Court shall issue notice to respondent; (ii) After service of..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Plaintiff companies claim that they are not executor of sale deed in question - Even though, it is disputed question of fact, but same would not in any manner exempt plaintiffs from legal requirement to pay ad valorem Court fee - Plaintiffs rightly directed to..........
Indian Penal Code, 1860, Section 302 -- Murder - Two different versions - One in dying declaration and another in FIR - Projection of two different versions by prosecution of the same occurrence having material differences with regard to time of occurrence, manner of occurrence and persons who allegedly committed the crime in question - Prosecution unable to answer as to..........
Hindu Marriage Act, 1955, Section 23A -- Divorce - Counter claim - Wife seeking counter claim that marriage of husband with one `H' is illegal, void and voidable and that `H' is not a legal wife of husband/plaintiff - Held, defendant by way of counter claim can claim only those reliefs which can be prayed and/or granted under the Hindu Marriage Act, namely relief u/ss 9,..........
