Civil Procedure Code, 1908, Order 39, Rule 1, 2, Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Unregistered - Doctrine of part performance not open to be invoked - Grant of temporary injunction on the basis of claim for possession based on such agreement is not permissible...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document - Objection as to admissibility or objection as to mode of proof - Objection as to admissibility has to be decided forthwith and cannot be left open for decision at the time of final arguments on suit itself...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document - Objection as to admissibility has to be decided forthwith - Objection raised that agreement to sell on the basis of which suit for specific performance is filed, being unregistered and unstamped is not admissible in evidence - Objection relates to admissibility which requires to be decided forthwith and cannot be..........
Criminal Procedure Code, 1973, Section 154 -- FIR - It is open to a police officer to make preliminary enquiries before registering an offence and making a full scale investigation into it...........
Rent and Eviction -- Rent - Enhancement - When landlord goes to the superior Court against an order rejecting his application for eviction it is not open to the Court to direct any increase in monthly contractual/statutory rent of the premises...........
Haryana Urban Development Authority Act, 1977, Section 17 -- Resumption of booth allotted in open auction - Notice not issued to plaintiff before passing of resumption order - Jurisdiction of civil court is not barred when order is passed in violation of mandatory provision of S.17(3) of the Act - HUDA not entailed to charge interest @ 18% because as per clause 6 of the..........
Eviction petition -- Relationship of landlord and tenant admitted - It is not open for the tenant to deny the title of the landlord...........
Medical negligence -- Compensation - Surgery for gall bladder stones - Consent - Non obtaining of - Consent obtained for Laparoscopic Cholecystectomy but conventional procedure i.e. open Cholecystectomy was undertaken without consent - It was not case of emergency operation but it was a case of elective surgery and in case it was not possible/feasible for him to perform..........
Stamp Act, 1899, Section 62, 64, 70 -- Instrument not duly stamped - Penal action - Criminal intention or mala fides to defraud the Govt. is not required u/s 62 of the Act whereas u/s 64 of the Act intention to defraud is necessary - Production of original document is not necessary - Prosecution under the said provisions of law can be initiated on sanction of a Collector,..........
Service -- Misconduct - Termination of service - If punishment imposed on an employee by an employer is grossly excessive, disproportionately high or unduly harsh, it cannot claim immunity from judicial scrutiny, and it is always open to a court to interfere with such penalty in appropriate cases...........
