Limitation Act, 1963, Section 5 -- Condonation of delay - Refusal to condone delay - Delay is indeed not condonable when circumstances show gross negligence or litigant may be demonstrated to be one who has slept over his rights - Those are cases, where other side contests the claim, rebuts the facts and disputes what the party seeking condonation asserts or urges...........
Mutation -- If dispute is with respect to title and more particularly when mutation is sought on the basis of Will, such party has to get his rights crystalised by Civil Court and only thereafter on the basis of decision of Civil Court, necessary mutation entry can be made...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration for setting aside sale deed and subsequent mutation - Sale deed was executed way back in the year 1985 by mother and brother of plaintiff - Suit filed in the year 2009 after more than 2 decades challenging the said sale deed - Parties are resident of same village and challenge to sale deed at a belated stage is..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - A party who is proceed ex parte can join the proceedings at the stage at which it is pending - However, when such party seeks to join the proceedings at the stage at which he was proceeded ex parte then such party has to establish sufficient cause with satisfactory explanation for absence and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Suspect may or may not exercise his right u/s 50 of the Act of being searched by Magistrate, but an obligation is cast upon raiding party to apprise him of such a right...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Bail - Recovery of cocaine, ganja, charas and supporting materials - Quantity of ganja and charas seized is small quantity whereas, quantity of cocaine seized is intermediate quantity - Rigors of S.37 of NDPS Act thus, not attracted - Traces of cocaine is..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption sought by transferee mortgagor - Extinguishment of right to redeem - Decree of foreclosure passed in a suit filed by mortgagee will not extinguish right of mortgagor to redeem land because he was not impleaded as a party in suit though he had purchased part of mortgaged property by virtue of registered..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Plea of bona fide purchaser - Agreement to sell entered into between defendant and original owner - However, original owner sold the property in favour of GK prior to initiation of suit against original owner by defendant - Thus, at the time of filing suit for specific performance against original owner..........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Undertaking given by a party should be seen in the context in which it was made and (i) the benefits that accrued to the undertaking party and (ii) the detriment/injury suffered by the counter party - Normally the question whether a party is guilty of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Four conditions must be satisfied for applicability of doctrine of res judicata between co-defendants : (i) There must be conflict of interest between defendants concerned; (ii) it must be necessary to decide the conflict in order to give the relief which plaintiff claims; (iii) question between..........
