Punjab Wakf Act, 1995, Section 83(9), Evidence Act, 1872, Section 116 -- Estoppel - Defendant-petitioner in his previous suit pleaded that his father and predecessor-i, interest had even executed lease deed of suit land in favour of Punjab Wakf Board i.e. respondent-plaintiff - Plaintiff-respondent is also proved to be owner of suit property by notification proved by it -..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 6B, 6C, 6D, 6E, 6F, 6G -- Counter claim - Every principle that applies to adjudication of suits, applies to counter claim also - Counter claim for all practical purposes, resembles an independent suit, be it in the context of limitation, payment of Court fee and the like - Counter claim can be made even while acknowledging any..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Non-payment of rent - Order of assessment of provisional rent - Validity - False plea taken by petitioner-tenant that there being no relationship of landlord and tenant between parties - Respondent-landlord placed on record copy of suit in which petitioner-tenant has categorically admitted execution of a rent..........
Service -- Doctrine of equality in the matter of pay and allowances - Working on a higher post - If it is stop gap arrangement for a fixed period then employee is not entitled to claim salary of the higher post - However, when employee worked at the higher post for almost 14 years and discharged the duties of the higher post then there is no legal or other justification..........
Evidence Act, 1872, Section 154 -- Hostile witness - A witness can be declare hostile when (i) the witness is suppressing and not speaking the truth; (ii) it has exhibited an element of hostility to the party for whom he is deposing; (iii) he is not willing to tell the truth and denying the undisputed facts; (iv) he is resiling from the previous statement; and (v) he is..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Defendant who was proceeded ex parte joining proceedings - Once the defendant joins the proceedings he is entitled to an opportunity to lead evidence - Order denying opportunity to defendant to lead evidence set aside - Trial Court directed to give an opportunity to the defendant to lead evidence...........
Co-owner -- One co-owner is not entitled for an injunction from exercising his rights, and denying the other co-owner with the beneficial enjoyment of the property...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Juvenile - Bail - Denial of - Held, juvenile can be denied concession of bail if there appears reasonable grounds for believing that release of juvenile will either bring him into association with any known criminal or will expose him to moral, physical or psychological danger or his release would..........
Evidence Act, 1872, Section 45, 112 -- DNA Test - Child born out of illicit relations - Respondent No.3 did not file reply denying to be the biological father of child of petitioner and denying physical contact with petitioner mother - Police should follow scientific investigation including DNA testing, especially in the cases involving crime against women - DNA testing..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 11 -- Money decree - Execution - Objection - Petitioner nowhere in his petition u/s 47 stated that the Executing Court has had no jurisdiction or the ground why the decree cannot be executed - Rather he raised the question of only procedural defect - Held, procedural defect itself cannot be a ground for denying the..........
