Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Section 144 -- Ex parte eviction order - Possession delivered in execution - Landlord inducted another tenant - Ex parte eviction order set aside - Restitution - Restitution can be ordered as third party inducted as tenant derives his possession as tenant from the landlord who..........
Criminal Procedure Code, 1973, Section 173, 190(1)(b), 200, 203 -- Power of Magistrate - Whether Magistrate to whom a report u/s 173(2) had been submitted to the effect that no case had been made out against accused could direct police to file a charge-sheet on his disagreeing with report submitted by police? - Held, Magistrate had no jurisdiction to direct police to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Section , Order 9, Rule 13 -- Ejectment petition against tenant (State of Haryana) - Tenant cared not to appear and contest petition, despite service of summons - Ex parte eviction order passed - Objection filed by tenant in execution application..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter-claim - Limitation - Counter claim filed for cause of action accused prior to filing written statement - Held, no time frame prescribed in Code for filing such counter claim - Thus order of Court taking counter claim on record, cannot be flawed...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Seeking exhibit number for sale deed - In title Suit original defendants were claiming share in land by virtue of sale deed - Whenever any document is presented before the trial Court and especially when it is an original one and also when it is referred with affidavit, exhibit number ought to have been..........
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 34, 5 -- Ownership - Res judicata - By order of Land Tribunal dated 27.11.1976, right of defendant No.4 had been recognized as a tenant in respect of land in question - He was declared to be a tenant and he got right in respect of suit land - Said order has already become final - Defendant No.4..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, Civil Procedure Code, 1908, Order 3, Rule 1 -- Eviction sought by landlady, residing in Canada, through her attorney on ground of personal necessity - Tenant laid application under Order 3 Rule 1 Civil Procedure Code alleging that he has been told by his friend, living in Canada, that landlady is dead - However,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Basically suit relating to boundary dispute concerning identification, location and measurement of suit land - Held, ordinarily in such type of cases local investigation should not be deferred to a stage after the closure of evidence - Impugned order holding the application to be not maintainable, as it..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Granted by placing reliance on photocopy of a compromise - Photostat copy is not admissible in evidence - Temporary injunction rejected in appeal - Order upheld...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 218, 467 -- Sanction for prosecution - Petitioner, SHO of police station charged for offences u/s 218 and 467 Indian Penal Code for making false and forged entry in Roznamcha - Competent authority refused to grant sanction and challan filed for offences u/ss 218 and 467 without sanction -..........
