Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Divorce Act, 1869, Section 36 -- Interim maintenance to wife - Wife after desertion choose to seek shelter with her mother-in-law who is aged about 93 years and later on started residing with her elder brother - However, documents produced by wife and evidence of both parties reflect the fact that husband is a renowned expert in cardiology and has a number of worthful..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Service -- Reinstatement - Employee was relieved from duty and was paid one month salary in lieu of notice as per rules of company - Without any objection employee accepted the cheque and encashed the same - There is thus, no violation of procedure on the part of management in terminating the services of employee - Since the employee is not a workman u/s 2(s) of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction order - Objections by co-owner u/s 47 CPC - Co-owner was neither D.H. nor J.D. - If in execution, possession is delivered to D.H. then ownership rights of co-owners are not extinguished - If after delivery of possession to D.H. any right, title or interest of co-owner is prejudiced or adversely affected, there..........
Adverse possession -- Once the plaintiff proved his title, defendant in order to claim ownership had to establish on the basis of relevant documents and other evidence to prove the plea of adverse possession for the prescriptive period and unless it is so proved, plaintiff could not be non-suited...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court ought to have considered the materials collected during investigation before taking a call on the prayer for quashing of FIR, cognizance order and the proceedings pursuance thereof...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Conditional leave to defend - Order of trial Court granting conditional leave was never called in question by either of parties - Said plea cannot be entertained by High Court while adjudicating appeal filed against impugned judgment of decreeing suit...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate authority is required to consider and decide the application U.O.41.R.27 CPC either while passing the main judgment or by virtue of a separate order of even date at the time of deciding the appeal - Since the same is not done, impugned order set aside - Matter remanded back..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - An order cannot be made the subject of an appeal under the garb of a review...........