Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought only to incorporate a relief which was based on a cause of action which arose after filing of suit - Question of possession has to be considered and decided after evidence is led by both the parties - Only issues have been framed and no evidence led by..........
Transfer of Property Act, 1882, Section 105 -- Lease - Document's nomenclature, text and context lead to only one conclusion that it was a lease for 99 years - Unilateral cancellation is illegal and it should be understood as having interfered with rights of plaintiff to remain in possession of suit property for 99 years - Suit for declaration of leasehold rights, recovery..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 108 -- (Indian Penal Code, 1860, S.306) - Bail - Abetment of suicide - Parties were in relationship for around eight years - No dying declaration of deceased on record - Mere breaking up of relationship may not per se constitute instigation so as to make it to be a case of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff alleged that as he was a co-owner in larger parcel of land, disputed plots must be presumed to have fallen to his share - Joint ownership of parent land does not ipso facto establish allotment of specific plots carved out subsequently unless partition, allotment or any..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff filed suit for declaration on the basis of family settlement - Defendant denied his signatures on alleged family settlement - It was incumbent upon plaintiffs to have led all evidence in affirmative to prove said alleged family settlement - Moreover, there is nothing on record to show that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed, declaration and permanent injunction - Sale deed in question executed in favour of defendant Nos. 1 & 2 while playing fraud and misrepresentation without paying sale consideration to plaintiff - It cannot be said that suit has been filed without any cause of action -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that relief of declaration not sought - Plaintiff had also prayed for any other relief to which he is entitled - Relief of declaration could be implicit in said prayer - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 34 -- Cancellation of bail - Murder - Respondent No.2 was not named in the FIR and was arrested subsequently on the basis of oral dying declaration of deceased and disclosure statement of co-accused - He has suffered incarceration for about six and a half years - High..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Joint family property - Suit property was allegedly purchased in the name of father of parties from joint funds - Burden to prove said fact is upon plaintiffs which they failed to prove - Finding that property was self acquired is a pure finding of fact based upon proper..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, partition and delivery of possession - Plaintiffs failed to prove a valid marital relationship between their mother and father of defendant No.1 - They also failed to establish any legal right to succeed to property of father of defendant No.1 - Finding recorded by First Appellate Court holding that..........
