Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - While dismissing application no opportunity was granted to petitioner to challenge the same since the final judgment was passed on the very same date - Approach adopted by appellate Court has led to serious miscarriage of justice - Denying a..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Recall of witness - Plaintiff examined patwari but he failed to bring official record with respect to khasra girdawari and pedigree table and for this plaintiff cannot be found fault with - At rebuttal stage, application has been made in time to examine concerned daftar kanungo who will bring..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Leave to defend - Rent Controller committed grave error in declining to grant leave to defend to tenant and in holding that no triable issue arises - Affidavit filed by petitioner in support of leave to defend application raises triable issues and tenant has been able to show facts..........
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 1, Rule 9 -- Impleadment of a party - Partition suit - Properties in question were enjoyed by defendant and plaintiff as joint family properties being father and son - Defendant mentioned in his written statement that he is having a sister, who is one of legal heir of their father - He did not raise a plea of non-joinder of necessary party..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2), 24 -- Third proviso - Rent and eviction - Arrears of rent - Deposit thereof - Where arrears of rent has been determined by Rent Controller even though same may not be termed to be amount due, same has to be deposited in 30 days from date of order of Rent Controller or else appeal would not be maintainable...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2), 24 -- Third proviso - - Rent and eviction - Arrears of rent - Deposit thereof - Payment of rent due within stipulated period of 30 days is a condition precedent and sine qua non for maintaining an appeal before appellate authority or else order of Rent Controller has to be treated to have attained finality and..........
Practice and Procedure -- Even if order is void, it requires to be so declared by a competent forum and it is not permissible for any person to ignore the same merely because in his opinion the order is void...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - On the date of passing order of attachment defendant was not the owner of property - Apprehension of alleged intended sale lost - Owner of property is entitled to get the attachment lifted...........
Indian Penal Code, 1860, Section 376, 499, 506(2), Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Serious allegations made in the complaint - High Court committed error by quashing the proceedings even before investigation is completed by investigating agency - Order quashing FIR set aside...........
