Civil Procedure Code, 1908, Section 152 -- Correction of judgment - Typographic error in mentioning name of respondent wrongly in cause title of judgment - Change of name of respondent ordered to be corrected...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Member of a family who is not party to a previous civil Court's judgment and decree passed U.O.12.R.6 CPC on basis of factually incorrect foundational facts, is not binding upon such member of family...........
Will -- Rejection for grant of probate - Probate proceeding is not merely inter-partes proceeding but leads to judgment in rem and, therefore, even when no one contests, it does not ipso facto lead to grant of probate - Probate is granted only on proof of Will as also on removal of suspicious circumstances, if there be any, to the final satisfaction of the conscience of..........
Will -- Suspicious circumstances - Exclusion of respondent as party failing to file written statement - Even in a regular civil suit, mere no, filing of written statement by the defendant does not always lead to a judgment in favour of the plaintiff - It is evident that even without filing any written statement, the respondent No.1 is entitled to show that the purported..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20 -- Eviction order - Revisional jurisdiction - High Court while exercising its revisional jurisdiction u/s 20 of the Act is not expected to re-appreciate entire pleadings and evidence on record - High Court is only supposed to examine legality of impugned judgment and order...........
Civil Procedure Code, 1908, Section 114 -- Review - Jurisdiction of review cannot be invoked for re-writing of judgment nor it vests appellate power in Court to examine at length and re-examine findings of Court - Scope of review of a judgment is not extensive and should be confined to error apparent on face of record, discovery of new and important matter or evidence...........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - House breaking and theft - Accused convicted and sentenced in five successive cases but in different occurrences - Judgment of conviction and sentence imposed in all cases on a single day - Total amount involved Rs.16,700 - Both trial Court as well as appellate Court failed to give direction..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Recall of judgment holding contemnors guilty - Three identical recall applications were filed by three contemnors and in all applications correctness of judgment is questioned on many grounds - No recall application can lie on these grounds and proper remedy for contemnors is to file a review petition if so..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction - Corporation tenant filed two CRAs challenging concurrent findings of eviction against them, which were dismissed - So long as that judgment holds field, lease stood judicially determined and judgment of eviction operates as res judicata against Corporation...........
Contempt of Courts Act, 1971, Section 15(1) -- Criminal contempt - Suo motu contempt proceedings - Plea of freedom to criticize judgment of Courts - Scandalous allegations have been made against members of Bench by contemnors in their complaints - Both the complaints are ex facie contemptuous - Complaint filed by one contemnor was in connivance and at behest of other..........
