Civil Procedure Code, 1908, Section 80(1) -- Notice u/s 80(1) CPC - Suit for prohibitory and mandatory injunction - Only Rasta of plaintiff was allegedly obstructed by defendant in the suit, thus, in such case service of notice u/s 80(1) CPC was not mandatory under law...........
Hindu Law -- Self acquired property of father given to son by way of Will retains character of self acquired property unless Will intended to convey otherwise...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Dowry demand - There are embellishments in respect of torture so inflicted upon victim/wife - However, there is consistency regarding demand of dowry and harassment and torture being inflicted upon wife - Though there are no materials for convicting mother-in-law, but there is evidence against husband - Mother-in-law..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - It is specific case of tenant that shop in question was mortgaged by landlord with mortgagee - Mortgage deed executed by landlord in favour of mortgagee has been duly admitted by landlord - Tenant is not proved to be in possession of shop let out to him and relationship of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque has been admitted and it belongs to accounts of accused, then under such circumstances S.139 of the Act raises a presumption of law that cheque which has been duly drawn was given in discharge of debt or liability and burden shifts upon accused to rebut said..........
Army Rules, 1954, Rule 13(3)(III)(v) -- Discharge - Misconduct - Four red ink entries - Appellant was discharged from service after rendering 13 years of service - Offences for which red ink entries are awarded cannot be said to be such gross mis-conduct and/or offences are such which would justify discharge of appellant - Order of discharge is wholly unjustified and not..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Does not constitute substantive evidence - These parades are governed by S.162 Cr.P.C. and procedural law does not oblige investigating agency to necessarily hold a TIP nor there is any provision under which accused may claim a right to holding of TIP...........
Civil Procedure Code, 1908, Section 100 -- Judgment in second appeal - Mere error in framing a question of law would not render a judgment in second appeal liable to be set aside, if it is found that a substantial question of law existed and such substantial question of law has in fact been answered by High Court...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that adoption deed is void - Maintainability - Adoptee was 32 years of age at the time of adoption and age difference between adopted mother and adoptee was less than 21 years - Adoption was void in eyes of law - Suit for declaration thus, definitely appropriate remedy to question validity of such an illegal..........
Hindu law -- Property of minor/adoptee - Sale by natural father - When there was no jointness of properties of successor of adopted father i.e plaintiff and his natural father, latter could not have dealt with properties of plaintiff as Karta...........
