Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim prohibitory injunction - Plaintiff prima facie proved his title and possession over suit property - However, no material on record to show that defendant was ever in possession of plaint schedule property - Merely because plaintiff is working in Italy as a priest, it cannot be said that plaintiff is not having..........
West Bengal Premises Tenancy Act, 1997, Section 2(g) -- Title suit - Tenant - Order granting occupational charges - Challenge as to - Petitioner inherited tenancy from his father upon his death - Deposition of rent with Rent Controller upon refusal to receive the same on being lawfully tendered - Since schedule premises being situated within prime locality, quantification..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Tenants argued that DRC Act does not apply to tenanted premises as the same has not been notified u/s.1(2) of the Act - Tenanted premises are located in Rani Bagh which is a colony fell in the revenue estate of Salimpur-majora-madipur and Shakurpur - Various notification shows that these revenue estates..........
Agreement to sell -- Specific performance - Plea of execution of sale agreement as security for loan advanced by defendant - Property worth Rs.50 lakhs agreed to be sold for Rs.15 lakhs - Rs.14.75 lakhs advanced on the date of execution of sale agreement - Time limit of three years fixed for payment of balance sale consideration of Rs.25,000/- - From the terms and..........
Constitution of India, 1950, Article 246 -- List II of 7th Schedule - Whether Vigilance and Anti Corruption Bureau is a police force constituted under State Government`s legislative power - Vigilance and Anti-Corruption Bureau is a specialized police force constituted in exercise of the State Government`s legislative power and the officers who worked in the erstwhile..........
Service -- Selection process - Additional criteria - Challenge as to - Candidate already in selection list who appeared in computer efficiency test on date depicted in revised time schedule cannot be considered to have appeared after having knowledge that same will also be a part of assessment for selection - Mere indication of date of computer efficiency test in time..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - While deciding application it cannot be decided as to whether schedule mentioned property is joint family property or self acquired property which can only be decided by conducting full fledged trial - Rejection of application, set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For a limited purpose of noting down physical features of plaint schedule property, allowed by trial Court - No prejudice is caused to plaintiff by appointing advocate Commissioner - Application rightly allowed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit possession regarding `A' schedule property and for permanent injunction regarding `B' schedule property - Defendant filed suit for injunction with regard to `A' schedule property - Both the suits tried together and dismissed - Aggrieved by same plaintiff alone preferred an appeal and same was..........
Constitution of India -- Tenth Schedule - Member of Legislative Assembly (MLA) - Disqualification - Speaker of State Legislative Assembly being an exclusive authority must first decide disqualification under Tenth Schedule of Constitution from being an MLA and consequently minister...........
