Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(c), 13(6), East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(iii), 13(4) -- Structural alterations - Ejectment - Unsafe & unfit for human habitation - Redelivery of possession to tenant after raising new construction - Tenant constructed fallen portion without consent of landlord - Ejectment..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Wrong framing of issue - Scope of remand - Will by mother in favour of a daughter - Challenged by other daughter by filing suit for declaration - Suit dismissed - In appeal High Court held that the Trial Court wrongly framed issue regarding validity of Will in negative ` Onus of proof of Will was also wrongly placed..........
Hindu Law -- Joint Family Property - Properties purchased by father - Sold to his grandsons - Suit by sons for permanent injunction restraining father & vendees from interfering in possession and enjoyment of said properties - Properties claimed to be purchased by father jointly with sons out of common pool - Suit dismissed by courts below - High Court relying on two other..........
Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Section 5 -- Applicability of Sec. 5 of Limitation Act to execution proceedings - Suit for recovery decreed - Execution - Property of judgment debtor attached and auctioned - No objections filed by judgment debtor - Sale confirmed and sale certificate issued - Application for delivery of possession - Objection by..........
Civil Procedure Code, 1908, Order 20, Rule 7 -- Decree though prepared at a later date shall relate back to the date of the judgment...........
Indian Penal Code, 1860, Section 85 -- Intoxication - Incapable of judgment - The expression 'without his knowledge' simply means an ignorance of the fact that what is being administered to him is or contains or is mixed with an intoxicant...........
Civil Procedure Code, 1908, Section 47 -- Objections to execution of decree - Objections raised by judgment debtor same as the pleadings in the suit - Judgment debtor cannot be permitted to raise such objection in execution as well...........
Constitution of India, 1950, Article 226, 227 -- Maintainability of Writ - Civil Suit filed - Dismissed - Subsequently writ petition filed - Maintainability of writ challenged in view of earlier dismissal of civil suit - Civil Suit dismissed on ground of jurisdiction of Civil Court to entertain Civil Suit - No judgment given on merit - Dismissal does not debar filing of..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal decided - Application under O.41 R.33 for modification of award/judgment - Powers under O.41 R.33 can be exercised only at the time of decision of the appeal - No application can be filed/entertained under O.41 R. 33 after decision of appeal...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite without authority of Court - Neither necessary nor proper party - As regards jeopardizing interest of a person who is not a party to the suit, held, if a person is not a party to a suit, the decree does not affect him unless the..........
