Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Ad valorem court fee - Suit land is Gair Mumkin Bara and does not come within Municipal limits or Abadi Deh which is even not denied by defendants - Even if defendants have raised illegal construction over the land of plaintiffs then party seeking relief is not required to pay ad valorem..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Cannot be appointed to ascertain as to which party is in possession - However, when there is dispute with regard to identity of suit property, Court has to necessarily issue a commission for localizing the suit land with assistance of a surveyor - Commission for the said purpose can be issued prior to or..........
Agreement to sell -- Specific performance - Co-owners - A co-owner can alienate his share in the joint land and can even give possession of the same - However, it is subject to partition amongst co-owners...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of fresh suit - Cause of action in first suit is demolition of Nali and encroachment of land at the behest of Gram Sabha - Whereas cause of action in subsequent suit is construction of road without acquisition of land and payment of compensation by P.W.D - Cause of action in subsequent suit had..........
Indian Penal Code, 1860, Section 300, 304(Part I) - - Culpable homicide not amounting to murder - Sudden fight - Accused got annoyed as deceased put fence over land and entered land with intention to remove fence - Initial verbal altercation between accused and deceased turned into physical fight - Accused in heat of passion inflicted 9 injuries on deceased - Out of 9..........
Constitution of India, 1950, Article 142 -- Evacuee property - Appellant in possession of suit land for a long time - Collector has favourably considered representation and assessed market value of suit land at a sum of Rs.3,94,108/- - Due to poor financial condition appellant has sought for permission to pay sale price in six installments - Held, it is a fit case for..........
Hindu Succession Act, 1956, Section 14(1) -- Transfer of suit land by widow by registered sale deed - Widow was successor-i, interest of suit land which came to share of her husband in family partition and as such was absolute owner of suit land - Decree for declaration and possession of suit land in favour of appellant was rightly passed which could not be interfered by..........
Indian Penal Code, 1860, Section 376 -- Rape - Acquittal upheld - (i) there was ample time for victim to run away; (ii) It was natural that there would have been push and pull and wearing apparels are likely to have been torn but it is neither stated nor proved; (iii) it is not stated that any force in any manner was used to restrain the accused from going ahead in..........
Agreement to sell -- Specific performance - Decree passed in the year 1984 - Purchaser directed to pay the land value to the vendors as per the circle rate...........
Agreement to sell -- Specific performance - Decree passed in the year 1984 - Purchaser directed to pay the land value to the vendors as per the circle rate - In case plaintiff fails to pay within three months the vendors shall deposit in Court within two months thereafter the amount calculated as per the circle rate by way of compensation to be paid to the purchaser and..........
