East Punjab Urban Rent Restriction Act, 1949, Section 13, 13B -- Eviction - NRI landlord - Leave to contest - Rent Controller allowed application of tenant for leave to contest ejectment petition on ground that earlier ejectment petition filed by landlords u/s.13 of the Act stood dismissed - Held, ejectment petition u/s.13-B of the Act cannot be dismissed and leave to..........
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420,406 -- Accused tried for offence u/s 138 of NI Act - Subsequently prosecuted for offence u/ss 406/420 IPC - It is not double jeopardy - Double jeopardy is only when ingredients of the offence in earlier case as well as in the latter case are the..........
Evidence Act, 1872, Section 115 -- Doctrine of Estoppel - Criminal proceedings - Where issue of fact has been tried by competent Court on earlier occasion and finding has been recorded in favour of accused, such finding would constitute estoppel or res judicata against prosecution - Not a bar to trial and conviction of accused for different or distinct offence - It only..........
Evidence Act, 1872, Section 115, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300 -- Doctrine of Estoppel and Double Jeopardy - Rule of Estoppel does not prevent trial of any offence but only precludes evidence being led to prove fact in issue as regards which evidence has already been led and specific finding has been recorded at..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Limitation - Suit for declaration, partition and cancellation - In paragraphs 13 and 14 of the plaint, it is specifically stated by plaintiffs that the alleged will dated 17.06.2008 and gift deed dated 28.03.2005 came to their knowledge on receipt of a copy of the..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Production of document - Refusal to - Validity - Document sought to be produced being draft of sale deed allegedly having handwritten corrections and cuttings and was unsigned - Alleged draft deed had not been filed with application - Name of Advocate who was alleged to have made corrections had also not been disclosed -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Ground of desertion - Wife lived only for about 18 days with husband and since then residing at her maternal home - Wife did not go to see husband when he was undergoing treatment of jaundice - After recovery, husband went to her maternal home - Yet, she never tried to go back to her i, law's house, nor took any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Initial suit was merely seeking relief of declaration of right, partition and injunction in respect of jointly owned family property, challenging relinquishment deed on ground of alleged fraud played by respondents herein - Defendant contested suit on ground that he was given in adoption - Plaintiff..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Evidence Act, 1872, Section 116 -- Eviction petition - Estoppel - Admission of ownership of landlord by tenant in written statement filed in earlier rent petition - In present eviction petition submission made by counsel for tenant that landlord had failed to prove his ownership - Held, submission is of no help -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability of - There is no discussion or finding with regard to title of parties to schedule property, which is subject matter in present suits, either substantially or incidentally - Held, it cannot be said that since Court in earlier suit had considered all documents marked on behalf of plaintiffs in present..........
