Civil Procedure Code, 1908, Section 115 -- (as amended in State of Orissa) - Revision - Maintainability - Order allowing application u/s 5 of Limitation Act - Application for condonation of delay in filing first appeal has no independent existence bereft of appeal - It cannot be said that said order passed in limitation application was passed in any original or independent..........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment - Award of Lok Adalat - Compromise arrived at between parties during pendency of execution petition when matter was referred to Lok Adalat - Parties are bound by compromise in the matter of execution - Decree can be executed insofar as they are concerned only as per terms of compromise - Since, JD failed..........
Will -- Proof - Original Will on record but exhibit marked on photocopy thereof - Original Will thumb marked by testator and signed by both the attesting witnesses - Both the attesting witnesses stated that Will was typed on the instructions of testator and thereafter testator thumb marked the Will and thereafter attesting witnesses signed in the presence of testator as..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Amendment of decree - Starting point of limitation - If amendment of decree is not in the nature of clerical or arithmetical mistake, date of amendment is the starting point of limitation - Where amendment sought for is only clerical or arithmetical mistake, limitation starts to run from date of original decree..........
Agreement to sell -- Suit for specific performance - Without seeking relief of cancellation of sale deed executed by vendor in favour of subsequent purchaser - It is not always obligatory for vendee/plaintiff to seek cancellation of sale deed executed in favour of subsequent buyer - However, plaintiff can join such buyer as co-defendant with original vendor provided that..........
Agreement to sell -- Suit for specific performance - Without seeking relief of cancellation of sale deed executed by vendor in favour of subsequent purchaser - Where subsequent purchaser in paying the money lacked in good faith and purchased the subject property despite knowledge of original contract, there is no need for plaintiff to seek cancellation of sale deed in..........
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...........
Evidence Act, 1872, Section 45 -- Expert opinion - To obtain an opinion of handwriting expert upon any disputed document, original copy of same is very much necessary...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report u/s 173(2) Cr.P.C and supplementary report u/s 173(8) Cr.P.C - Magistrate has to consider both original report and supplementary report before determining steps that have to be taken further in accordance with law - It is thereafter that Magistrate would have to take a considered view in accordance with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought by plaintiff is contradictory in nature as compared to original plaint - Plaintiff by way of proposed amendments was making out a case which he should have made out in the first place while filing plaint and now suit was at the stage of taking of evidence - If amendment of plaint is..........
