Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - When suit is for decree of permanent injunction and it is averred that plaintiffs are in possession of suit property pursuant to agreement and thereafter they have developed the land and they are in continuous possession since more than 12 years and also paying taxes to Corporation,..........
Agreement to sell -- Un-registered - Suit for specific performance - Possession of suit property was handed over to plaintiff at the time of execution of sale agreement - Plaintiff thus, cannot seek any remedy under unregistered agreement to sell...........
Civil Procedure Code, 1908, Order 33, Rule 14 -- Death of indigent plaintiff/appellant - Liability of legal heirs of appellant to pay Court fee after disposal of appeal - In case of death of an indigent appellant after disposal of appeal, property and assets of deceased alone would stand liable to answer the recovery U.O.33.R.14 CPC and in that case it is not permissible..........
Criminal Procedure Code, 1973, Section 110 -- Notice u/s 110 Cr.P.C - Object of S.110 Cr.P.C is to afford protection to public against a repetition of crimes against their person or property - It is not a punishment of offender for his past offences but it is for securing good behaviour for future...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale deed - High Court while relying upon comparable sale deed, has not discussed the area of land sold by said sale deed - Even, High Court neither discussed sale consideration for which said sale deed was executed nor location of land is discussed - Only observation made by High..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - High Court reduced mesne profits on the ground that premises is residential, being used for residential purposes and construction is about 100 years old and report of approved valuer is with respect to commercial purposes and High Court did not at all considered market rate as per current potential of suit..........
Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - Suit property divided in 1982 and parties have taken the property to be enjoyed as their exclusive and absolute property - Property had thus, lost the character of coparcenary property - Since division was effected prior to amendment of S.6 of Hindu Succession Act, said section is thus has no..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Parties to prove as to who is in possession of suit property - Possession of parties cannot be decided by Advocate Commissioner, even though defendant has given no objection for an appointment of Advocate Commissioner to note down physical features of suit property - Nature..........
Suit for possession -- Plaintiff's title to suit property has been accepted by both the Courts below - No evidence to show a case of joint possession between plaintiff and defendants based on title properly except a licence - If on revocation of licence validly made, defendants could be removed from possession, there is no joint possession inferable by any principle of..........
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..........
