Civil Procedure Code, 1908, Section 24(2) -- Transfer of suit - Following factors have to be taken into consideration while transferring a case : (a) Balance of convenience or inconvenience to plaintiff or defendant or witnesses; (b) convenience or inconvenience of particular place of trial having regard to the nature of evidence on points involved in suit; (c) issues..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Issues - Trial Court has power to amend issues or to frame additional issues at any time before passing of the decree - Such power cannot be crippled or curtailed through interference under supervisory jurisdiction...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Fair market rate of land - Large chunk of land situated in 15 villages acquired - No evidence on record much less any finding of High Court regarding actual distance among 15 villages, location, situation, potentiality, quality, its nature and type of acquired land - High Court..........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, 27 -- Custody of minor children - Jurisdiction - Minor children taken away from their place of residence in Gurgaon (Haryana) to District Alwar (Rajasthan), three months prior to filing of the petition - Court is required to adjudicate the issue regarding jurisdiction on the..........
Succession Act, 1925, Section 295 -- Will - Probate petition - Contentious case - Respondent specifically disputed execution of Will and mental capacity of testator - Court below required to convert petition into a regular suit and therefore deal with the matter by framing issues and pronouncing the judgment as provided under CPC...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for recovery of earnest money..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Sought that referred documents are fraudulently manufactured by contesting defendant and to add an additional relief of decree of possession - Plaintiff NRI in advanced years of his life - Non inclusion of relief of possession is due to lapse of counsel as plaintiff was wholly dependent upon..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Evidence Act, 1872, Section 17 -- Rent and eviction - Application of tenant for framing additional issues dismissed - Admission - As per tenant, property let out to him by father-in-law of respondent and after his death he is paying rent to respondent - Once tenant has accepted that respondent is his landlord since..........
Service -- Revised pay scale - Interest - Contentious issues involved in the matter - No justification for granting interest on the revised pay scale - Emoluments in revised pay scale directed to be paid within three months...........
