Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and possession of land - Dismissed by first appellate Court - High Court admitted second appeal on the ground that Courts below have failed to consider material evidence on record - However, High Court instead of pointing out material evidence which has..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Report of finger print expert and photographs of signatures - Held, merely because report of Fingerprint Expert was doubted by Financial Commissioner in proceedings with regard to sanction of mutation is no ground to deny prayer made by plaintiffs for bringing same on record in present proceedings i.e. suit for..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction and sentence - Compromise between parties - Held, in view of the fact that offence u/s.138 of N.I. Act is compoundable in nature, compromise between parties is accepted and offence is allowed to be compounded - Impugned Judgment and Order of conviction set aside - Petitioner acquitted -..........
Rajasthan Rent Control Act, 2001, Section 15(8), 19, 20 -- Recovery certificate Execution of - Held, even if judgment of Rent Tribunal is accepted to have merged with that of Appellate Rent Tribunal for limited purpose of deciding finality of first judgment, restriction created for inexecutability of recovery certificate by sub-S.(8) of S.15 cannot continue to be extended..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Non appearance of Advocate, his failure to communicate that defendant is proceeded against ex parte and defendant's lack of knowledge of ex parte judgment - Can be treated as sufficient cause for condoning the delay and setting aside the ex parte..........
Indian Penal Code, 1860, Section 354, 384, Constitution of India, 1950, Article 161 - - Punjab Jail Manual, 1916, Para.637 - Grant of special remissions to prisoners - Notifications dated 21.04.1982 and 07.11.1985 - Even after judgment of Supreme Court convicting appellant/prisoner on four counts, he did not surrender before any Court and warrants of arrest had to be..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - Validity - Serving officer sought to serve summon of suit on defendant - Defendant not available - Since defendant was not available, therefore, his wife who was residing with him, was sought to be served with notice but she refused to accept notice - Thereafter, copy of notice was affixed on his..........
Uttar Prades Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Section 19, 16(1)(b) - - Eviction - Release of shop - Validity - Revisional Court passed impugned order by simply observing that within 30 days of handing over of possession, petitioner/landlord has not commenced business though admittedly possession of shop in question is with landlord - It..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - There is no prohibition for transfer of property during pendency of suit - Transferee pendente lite will be bound by the judgment in the suit - Held, this in itself is a sufficient ground for allowing the impleadment - If judgment is going to affect a person then he must be heard..........
Transfer of Property Act, 1882, Section 106 -- Termination of tenancy - Suit for recovery of possession - Application filed by respondent/landowner for summary judgment under chapter XIII-A of High Court Rules, Original Side - Affidavit-i, Opposition filed by appellant/tenant contending that termination was wrongful as it was done contrary to agreement - Single Judge..........
