Specific Relief Act, 1963, Section 6 -- Suit for possession - The only issue which requires determination in a suit u/s 6 of the Act is whether a party has been dispossessed forcibly and illegally or not...........
Specific Relief Act, 1963, Section 6, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit for possession - Lessee under Gram Panchayat - If plaintiff was dispossessed during currency of lease or even thereafter forcibly, suit u/s 6 of Specific Relief Act is maintainable because the only issue which needs determination in such suit is whether a party has..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Merits of amendment - Not to be considered at this stage - The only issue which has to be considered is whether amendment application filed by plaintiff deserves to be allowed or not...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Release of premises - Bonafide requirement - Comparative hardship - Long duration of occupation - Cannot be a ground for tilting issue of comparative hardship in favour of tenant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of an advocate by his client/accused towards his fee - Cheque dishonoured - Claim for fee based on percentage of subject matter in litigation cannot be basis of a complaint u/s 138 of the Act - Such claim is against public policy and hit by S.23 of Contract Act - Being an act of..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38 -- Second appeal - Substantial question of law - Suit for declaration and permanent injunction - Proof of title - As per plaintiffs, once they have claimed that property was within Lal Dora of village it was duty of Court to frame issue and decide the same - However, duty of Court is to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29, Criminal Procedure Code, 1973, Section 389 -- Recovery of 54 kg poppy husk - Suspension of sentence during pendency of appeal - Applicant would have a debatable issue to be argued at the time of hearing of appeal both on question of sentence as well as on question of conviction u/s 29 of NDPS Act -..........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C. - To conduct fair and impartial investigation - When person who has been arraigned as accused points out that investigation is being done because of extraneous influence or is malafide or biased or tainted one and extraordinary case of gross abuse of power by investigating officer is made out, only then..........
Trade and Merchandise Marks Act, 1958, Section 107, 111, 46, 56 -- Infringement of trade mark - Validity of registration of trade mark - All issues relating to and connected with validity of registration has to be dealt with by Tribunal and not by civil Court - Only if same is abandoned or decided against party raising it that suit will proceed in respect of other issues..........
Trade and Merchandise Marks Act, 1958, Section 107, 111, 46, 56 -- Suit for infringement of trade mark - Issue as to validity of registration of trade mark - Requirement of satisfaction of civil Court regarding existence of a prima facie case of invalidity and framing of an issue to that effect before law operates to vest jurisdiction in statutory authority deal with issue..........
