Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for additional evidence must be taken up alongwith appeal - If Court finds that a party has a good reason to produce additional evidence, Court has two options: (i) to allow additional evidence to be brought and if it refers to any document, consider the same if it did not..........
Transfer of Property Act, 1882, Section 43, Specific Relief Act, 1963, Section 13 -- Feeding the grant by estoppel - Where a party had no right to land in respect of which he executed a document, at the time of its execution, but acquires a right to it subsequently, the document executed by him earlier becomes a valid document and he is bound to honour the said document...........
Evidence Act, 1872, Section 60 -- Hearsay Evidence - An admission made by a party based on hearsay evidence is inadmissible in a civil case and also in a criminal case...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Eviction proceedings - During pendency of appeal against eviction order an application filed for impleadment of party to the proceedings on ground that applicant is a co-owner - Co-owner is not a necessary party in an eviction petition - Order dismissing application calls for no interference...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Suit for possession - Held, when none of the persons has any right, title or interest in suit properties and mutation entries in their names were bogus and fraudulent, they would not be necessary parties to suit...........
Civil Procedure Code, 1908, Order 1, Rule 10, Maharashtra Co-operative Societies Act, 1960, Section 118(5) - - Necessary party - Suit for possession - Contention of defendant that property was mortgaged with co-operative bank hence bank was necessary party - Held, if at all bank had any cause or reason to proceed against suit property that cannot be subject-matter of suit..........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 31 -- Review - Appellate Court not required to decide appeal after going through record of case and judgment of subordinate Court and after complying with provisions of O.41.R.31 CPC when appellant before it had not addressed Court on said issues - Absence of affidavit by either party..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Provision of O.11.R.14 CPC for production of documents by the opposite party is available before framing of issues...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against order taking cognizance - Revision must, at first instance, be filed before Court of Session, except in rare and special circumstances - By doing this, party seeking order from magistrate will get double remedy, firstly, he may approach Court of Session in revision & then if legally permissible u/s 482..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Trial Court dismissed application for temporary injunction moved by plaintiffs and allowed application for temporary injunction moved by defendants against plaintiff - Plaintiff was real original allottee of land out of which disputed part of land said to have been come into..........
