Civil Procedure Code, 1908, Order 14, Rule 2(2)(b) -- Preliminary issue - O.14.R.2(2) CPC provides a window to a Court to dispose of a suit or a part of it on an issue of law provided Court is of view that such issue relates to jurisdiction of Court or relates to a bar in any law for time being in force - O.14.R.2(2) CPC facilities fast tracking disposal of a suit (or a..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5, 4, 23 -- Senior citizen - Death during pendency of proceedings - Legal heirs of senior citizen not entitled to pursue proceedings before Tribunal...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Death of complainant - Complaint does not survive since defamation is a personal injury and with death of complainant, no cause of action survives to any other person, may be legal heir of complainant - Complaint dismissed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22, 23 -- Eviction of ex-daughter-in-law and grandsons - Property of father-in-law - Father-in-law claimed that petitioners mentally tortured, harassed and assaulted him with registration of false cases against him - Admittedly, petitioners are living in the house of father-in-law with his permission..........
Agreement to sell -- Specific performance - Legal notice claiming readiness and willingness issued on 12.11.1996 but suit filed on 13.10.1999 and that too for mandatory injunction - Plaintiff not entitled to discretionary relief of specific performance...........
Kerala Civil Rules of Practice, 1971, Rule 349 -- Delivery of house or building locked up - Provision in R.349 of Rules has to be complied with by Court below as well as by the officers deputed from Court to execute decree in letter and spirit - Legal rights about valuable properties cannot be left to be decided by Amins, who are only entrusted with the duty of executing..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Once Court of Rent Controller chose to issue notice to tenant and tenant has already died, it was incumbent on Court to direct landlord to file an application for bringing on record legal heirs...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of LRs of original vendee - Death of original vendee - Suit for cancellation of sale deeds - Original vendee transferred the suit property in favour of defendant No.2 before institution of suit - He thus, lost all rights, title and interest in suit land and in the same manner when suit land was further transferred..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Death of defendant No.1 - Suit for cancellation of sale deeds - Defendant No.1 transferred the suit property in favour of defendant No.2 who further transferred the same in favour of defendant nos. 3 & 4 - He is thus, not a necessary party and as such suit can well proceed against other defendants -..........
Limitation Act, 1963, Article 113 -- Limitation - Suit for specific performance - Suit land was subjected to acquisition - However, acquisition proceedings came to be quashed and set aside at the instance of plaintiff - Plaintiff thereafter served a legal notice upon defendants calling upon them to execute sale deeds, which came to be refused by reply notice and thereafter..........
