East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction proceedings - Assessment of arrears of rent - Duty of appellate authority - Held, appellate authority while reversing finding recorded by Rent Controller and holding that rent was outstanding from December, 1995 to October, 1998, was required to assess arrears of rent along with interest and costs..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim is not a part of written statement - It has to be filed as per provision of O.8.R.6-A CPC which clearly indicates that counter claim shall have same effect as a cross suit to enable Court to pronounce final judgment in same suit relating to both on original claim as also counter claim - Plaintiff is at liberty..........
Precedent -- `Ratio Decidendi' - Held, concrete decision alone is binding between parties to it - But it is abstract ratio decidendi, ascertained on consideration of judgment in relation to subject-matter of decision, which alone has force of law and which, when it is clear what it was, is binding - It is only principle laid down in judgment that is binding law u/Art.141..........
Criminal Procedure Code, 1973, Section 394 -- Abatement of appeal - Death of appellant - Impleadment of LRs - Rationale behind - Held, person who had been convicted has basic human right to challenge judgment of conviction and to erase stigma of being convicted...........
Civil Procedure Code, 1908, Section 34 -- Interest - Executing court cannot grant interest when the same is not granted in the judgment and decree...........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Procedure to be adopted - Held, in exceptional cases where there are compelling circumstances and judgment under appeal is found to be perverse, appellate court can interfere with order of acquittal - Appellate court should bear in mind presumption of innocence of accused...........
Civil Procedure Code, 1908, Section 47 -- Execution - Inexecutability - Judgment debtor purchased property from one of the decree holders - Judgment debtor is bound to surrender possession of property in respect of which decree has been passed and it would be left to him to work out his remedy for partition - Judgment debtor cannot compel decree holder to avail remedy of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 15, 68, Juvenile Justice (Care and Protection of Children) Rules, 2001, Rule 12 -- Juvenile in conflict with law - Appellant convicted u/s.304(Part II) IPC and sentenced to undergo RI for 10 years - After judgment of conviction accused is in custody for more than 5 years - Appellant was a juvenile in..........
Land Acquisition Act, 1894, Section 11A, 6, Limitation Act, 1963, Section 12 -- Land acquisition - Compensation - Award must be made within a period of two years from the date of publication of the declaration u/s 6 of the Act - Period has to be excluded during which the Court had stayed the acquisition proceedings for the purpose of reckoning the period of two years -..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Duty of Court - Held, it is sacrosanct duty of appellate Court, while sitting in appeal against judgment of trial Judge, to be satisfied that guilt of accused has been established beyond all reasonable doubt after proper re-assessment, re-appreciation and re-scrutiny of material on record...........
