Civil Procedure Code, 1908, Order 9, Rule 13, Constitution of India, 1950, Article 136 -- Exparte eviction order - Setting aside - Trial Court dismissed application in absence of proper explanation - Order upheld by High Court - Apex Court declined to interfere under Art.136...........
Civil Procedure Code, 1908, Section 11 -- Explanation VIII - Res judicata - Explanation - Must be read alongwith S.11 to find the purpose it serves - Held, explanation is wide enough to include a court whose jurisdiction is subject to pecuniary limitation and other cognate expressions analogous thereto...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused - Incriminating material against accused on record, weak or scanty - It is the duty of Court to examine accused and seek his explanation - If there is material against accused he must be examined...........
Constitution of India, 1950, Article 226 -- Writ petition - Delay and laches - Held, rule which says that Court may not enquire into belated and stale claim is not a rule of law but a rule of practice based on sound and proper exercise of discretion - Each case must depend upon its on facts - It will all depend on what breach of fundamental right and remedy claimed are and..........
Evidence Act, 1872, Section 114(a) -- Murder & robbery - Proof - Sudden disappearance of appellant after occurrence - He was apprehended after about one year thereafter - He made disclosure statement immediately upon his arrest leading to discovery of stolen articles - Held, all these circumstances must necessarily raise the inference that appellant alone and no one else..........
Civil Procedure Code, 1908, Section 11 -- In a partition suit each party claiming that the property is joint asserts a fight and litigates under a title which is common to others who make identical claims. If that very issue is litigated in another suit and decided we do not see why the others making the same claims cannot be held to be claiming a right in common for..........
Will -- Execution shrouded in suspicion - Proof of due execution of Will - A matter of Court's conscience - Evidence led by propounder of Will - Must satisfy conscience of Court that Will duly executed by testator - Impossible to reach such satisfaction unless a cogent and convincing explanation of suspicious circumstances surrounding making of Will - Heavy onus on..........
Will -- Suspicious circumstances: (1) Will made in 1945, did not see light of the day till 1957 after 2-1/4 years of testator's death, explanation of hitting upon the Will by chance, not accepted; (2) Will typed, no evidence who drafted the Will and who typed it out; (3) Will uses some trite legal jargon but does not show where executed; (4) Will contains no description..........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Applicability - By S.11 CPC, in so far as relevant, no court shall try any suit or issue in which matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties and had been heard and finally decided. Explanation I to the section provides that the..........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 49 -- Explanation as inserted vide Amendment No XXXIX dated February 11, 1960 - Cannot be given retrospective operation - Effective for future from the data it was added - Central Government has no power under Section 40 to make retrospective rule - Displaced Persons (Compensation and Rehabilitation) Act..........
