Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession of immovable property - Judgment debtor tenant delayed execution of decree for years - J.D. directed to pay rent/damages as was being paid earlier to decree holder till date of delivery of possession...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(5) -- Revision - Revisional jurisdiction, unlike jurisdiction of an appellate Court, is confined to appraisal of the impugned judgments and decrees to discern any error of jurisdiction or infraction of law - The impugned judgment, must disclose an illegal assumption of jurisdiction or failure to discharge..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal - There is a presumption that an accused is innocent, unless proved otherwise - When he is acquitted, the said presumption, becomes stronger - But it may not be correct to contend that despite overwhelming evidence available on record, the appellate court..........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 19 -- Suit for specific performance of Agreement to sell - Necessary and proper party - Applicants impleaded as necessary party by trial Court - Order challenged in revision - Allegation regarding collusion between vendor & vendee, forged & fabricated agreement & agreement to sell by vendor..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition filed u/s 163-A of Motor Vehicle Act - In original petition, income alleged Rs.5, 000/- p.m. - Amendent sought to plead income less than Rs.40, 000/- p.a. - Tribunal relying on Deepal Girishbhai Soni's case, AIR 2004 SC 2107 declined amendment - Judgment not applicable - Amendment permitted with..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - There should be a clear admission - Pleading or a document has to be construed or read as a whole to see its effect - One or two lines cannot be permitted to be taken out of context and used as an admission of a party entitling the other for passing of a judgment upon admission...........
Precedent -- Conflict between two judgments of co-ordinate Bench of Supreme Court - Not necessary to follow latter judgment - High Court can follow the one which in its view is better in point of law...........
Civil Procedure Code, 1908, Section 96, 100 -- Suit for declaration of title and possession - Dismissed by Trial Court - Appeal partly allowed by First Appellate Court - Regular Second Appeal filed by Plaintiff - Defendant not challenged correctness of judgment and decree of First Appellate Court - High Court reversed the relief granted to plaintiff by First Appellate..........
Civil Procedure Code, 1908, Section 92 -- Public charities - Leave to institute suit granted by trial Court - Order challenged on the ground that there is previous judgment in respect of subject matter of the suit and another suit is pending at the instance of plaintiff - Grounds of challenge have no bearing on the point as to whether leave to file suit is to be granted or..........
Will -- Validity - Elder daughter deprived - Single Judge of High Court upheld the validity of Will by taking into consideration various factors - However Division Bench reversed the judgment evidently influenced by the fact that elder daughter was deprived of her share in her father's property - Division Bench did not take into consideration various considerations which..........
