Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection by stranger - Petitioner staked his claim on the basis of agreement for sale from owner of land - However, said owner did not have power to enter into agreement for sale - Petitioner is in occupation of a part of decretal land - He has made a false claim of right on basis of agreement for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Original patta was produced and proved by plaintiff - Commissioner report is on record which shows that Gali in question for ingress and outgress of plaintiff is left and no objection raised by defendant in regard to such report - Suit rightly decreed - Second appeal dismissed...........
Education -- Declaration of result - Petitioner cleared 10th class but there was compartment in one subject which was cleared in second attempt - However, petitioner cleared 11th class and also gave exams of 12th class but result was not declared by CBSE on the ground that only student who were able to clear were entitled to be enroll in 11th class - As CBSE was aware of..........
Indian Penal Code, 1860, Section 323, 354, 427, 458, 143, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), 3(1)(r), 3(1)(w)(ii), 3(2)(va), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 323, 354, 427, 458, 143 IPC and Ss.3(1)(s), 3(1)(r), 3(1)(w)(ii), 3(2)(va) of SC/ST Act - Quashing of FIR - Compromise arrived at..........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest warrant - When JD appeared before Court on getting notice U.O.21.R.37 CPC and filed objection stating that he had no means to pay decree debt, in such contingency, it is mandatory for Court to conduct an enquiry U.O.21.R.40 CPC before issuing warrant of arrest against him...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Question of jurisdiction of arbitrator dealt by High Court and said objection was overruled by High Court against which no appeal preferred by respondent - It is thus, not open for respondent now to challenge jurisdiction of arbitrator that too in an appeal preferred by claimant...........
Evidence Act, 1872, Section 45 -- Expert opinion - Husband in his divorce petition placed on record CD recording conversation of parties - Wife seeking sending CD for expert opinion raising objection of veracity of assertion so made - Wife did not indicate as to which part of CD is doctored - Does not lead to conclusion that application is bereft of requisite particulars -..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court having no pecuniary jurisdiction - Application filed when case was posted for final arguments - As per mandatory provision of S.21 CPC objection with regard to pecuniary jurisdiction has to be taken at the first instance and at the earliest possible opportunity - No such objection was taken by..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled amicably - Entire amount of compensation stands paid or agreed to be paid to complainant - Complainant had no objection in compounding the offence - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Once parties have amicably resolved their dispute and complainant has already stated before Court that his claim has been satisfied to his satisfaction and he has no objection to prayer of accused for compounding of offence - Offence..........
