Agreement to sell -- Plea of lack of title - This plea is not available to vendor - However, it is open to the purchaser to plead so...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(ix) -- Shamlat Deh - Exclusion from - Held, mere fact that a piece of land is in possession of a religious institution would not give rise to an inference that land is being used for a purpose subservient thereto - Use of land for a purpose `subservient thereto' requires person raising such a plea to prove..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(ix) -- Shamlat Deh - Exclusion from - Petitioners apart from proving entries of their possession, prior to 26.01.1950 i.e. prior to enactment of 1954 and 1961 Acts, have not adduced any evidence to support their plea that land, in dispute, is used for any purpose subservient to Dera - Petitioners have not..........
Service -- Selection - Recommendation to Govt. - Names whether sent in order of merit or preference - Recommendation stated that taking into account the consideration of overall merit and experience and with due regard to the assessment of suitability, the Board decided to forward the recommendations to Govt. - Held, it does not specifically stated that the..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - - Husband suspected that wife had illicit relations - Accused poured petrol on her and set her on fire - There was no eye witness - Accused seen running away from bedroom of deceased - Accused taking the plea that deceased caught fire from kerosene oil lamp but evidence showed that he purchased..........
Indecent Representation of Women (Protection) Act, 1986, Section 4, 6, Indian Penal Code, 1860, Section 292(2)(a) -- Cognizance of offences and order of summoning on a private complaint - Complainant and accused petitioner were married but residing separately in matrimonial home as they were co-owner of the flat - Two pornographic paintings, one on a canvass and other on..........
Evidence Act, 1872, Section 138 -- Cross examination of co-defendant - Not permissible when there is common plea in written statement - Common plea when result of impersonation or that it was the result of fraud or deception, then Court can allow cross examination of a defendant by co-defendant...........
Securities and Exchange Board of India Act, 1992, Section 15Z -- Appeal - Raising new plea - Permissibility - Plea not made before SAT - First time raised in appeal - It is not even pleaded in grounds of appeal but only mentioned only in list of dates - Held, since Court is considering a statutory appeal u/s.15Z of the SEBI Act, same cannot be permitted to be raised for..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, 2(g) -- Suit for declaration of title to land by Gram Panchayat - Plea of Panchayat that disputed land is `shamlat deh' - Petitioners raising objection by pleading that they are in cultivating possession of land since 1950 - Petitioner also pleaded that mutation entries were made in their favour - Mutation..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Non-payment of rent - Order of assessment of provisional rent - Validity - False plea taken by petitioner-tenant that there being no relationship of landlord and tenant between parties - Respondent-landlord placed on record copy of suit in which petitioner-tenant has categorically admitted execution of a rent..........
