Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Local Commissioner - To report about existing state of affairs at the spot - Report by Local Commissioner would in fact help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of local Commissioner would result in..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Disputed questions of fact cannot be allowed to be raised in writ jurisdiction, as it would be wrong assumption of such extraordinary jurisdiction...........
Live-in-relationship -- Protection to life and liberty - Petitioners are major and are in live-in-relationship - They have come up to High Court with a mere allegation which has not been substantiated by any specific pleading - Petitioners do not claim for protection of marital relationship - They only allege that they being major are entitled to live with whomsoever they..........
Agreement to sell -- Specific performance - Suit land was already acquired and possession is taken over by competent authority and award was passed - Civil Court thus, has no jurisdiction - Specific performance of contract was not possible - Order decreeing suit set aside - Matter remanded to trial Court...........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Registered lease deed - Not open to be altered or amended even by High Court in exercise of its jurisdiction under Article 226 of the Constitution...........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Tender floated for lease of 27887.50 sq. meters - However, transaction concluded on execution of lease deed without demur for 18262.89 sq. meters and instrument registered - It is not open to either party to question at least in the writ jurisdiction of High Court under Article..........
Punjab Land Revenue Act, 1887, Section 121 -- Partition - Jurisdiction of Revenue Officer in cases of partition is concurrent with that of civil Court - Therefore, for purpose of interpreting S.121 of the Act, Court can safely draw an analogy from provisions of O.20.R.18 CPC which pertain to the procedure to be followed on the passing of decree for partition of property...........
Legal Services Authorities Act, 1987, Section 21 -- Modification of compromise decree passed by Lok Adalat - Once parties report settlement and award is passed by Lok Adalat, it becomes functus officio and any aggrieved party has to seek redressal of his grievance by approaching a writ Court u/art 226 of Constitution - Modification of compromise decree by Legal Services..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court is not required to conduct mini trial at the stage of discharge and/or while exercising powers u/s 482 Cr.P.C. - Court has a very limited jurisdiction and is required to consider "whether any sufficient material is available to proceed further against accused for which accused is required to be..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Lack of jurisdiction of a Court to entertain a complaint can be no ground to order its transfer...........
