Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 97, 99, 100 -- Execution - Eviction decree - Third party objection - No privity of contract between DH and appellant with regard to tenancy in respect of disputed shop - Relationship between lessor and lessee between DH and JD was established - Appellant is a third ranked party in respect of landlord-tenant..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Offence u/ss 324, 326, 308, 34 IPC - Petitioner is owner of car - There can be no objection to release of vehicle to his interim custody - However, it is not proper for this Court to pass any orders releasing vehicle to interim custody of petitioner without verifying the documents - Impugned order..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filed beyond 120 days in presence of counsel for plaintiff without any objection thereto - Application to strike off defence filed after a month thereafter - Trial Court should have recorded reasons - However, in the facts of the presence case, dismissal of application to strike off defence, calls for no..........
Civil Procedure Code, 1908, Order 21, Rule 92(1) -- Execution - Auction sale - Confirmation of sale - Sale not to be confirmed pending disposal of any objection - Pendency of application to set aside ex parte decree partakes the nature of an objection - Sale not to be confirmed pending final disposal of application to set aside ex parte decree...........
Evidence Act, 1872, Section 65B(4) -- Mobile location records - No certificate u/S.65B(4) was issued - Held, objection as to reliability of call records of A1 on account of no, compliance with procedure u/S.65B(4) was raised for first time before High Court - Since no such objection was raised at time of marking these records before Trial Court, thus records can be..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 65B(4), Criminal Procedure Code, 1973, Section 313 -- Kidnapping and Murder - Circumstantial evidence - A1 claims that not visited Ghaziabad on date of incident, which is close to place where incident occurred - Mobile location records - No certificate u/S.65B(4) was issued - Held,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Applicant was one of the party in suit - Suit against applicant withdrawn and there was no objection by the applicant to withdrawal of suit against him - Proper remedy available to applicant was to challenge the order by which plaintiff was permitted to withdraw suit against him and he cannot seek..........
Stamp Act, 1899, Section 35 -- Impounding of documents - Refund of stamp duty - Suit for specific performance - Where the parties to the proceedings have consented to obtain a consent decree of specific performance pursuant to which deed of conveyance was executed and full stamp duty was paid by one party and no objection was raised by other party at any stage in reference..........
Criminal Procedure Code, 1973, Section 228 -- Defective charge - Objection about a defective charge, without any evidence of prejudice cannot be raised first time in appeal before Supreme Court...........
Civil Procedure Code, 1908, Section 47 -- - Execution of ex parte decree - Objections - Objection that no notice in the suit has been issued to defendant since address given in the suit is not the address of defendant and that it was an address where he had been living earlier - Defendant in occupation/carrying on business and notice not issued at such an address - Ex..........
