Specific Relief Act, 1963, Section 31(2), Civil Procedure Code, 1908, Section 151 -- Cancellation of registered gift deed - Request for sending intimation of cancellation of registered gift deed vide compromise decree to jurisdictional Sub-Registrar - Trial Court rejected the application mainly on ground that it has become `functus officio' - However, what is sought is to..........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Stay of operation of order granted during pendency of restoration application - Petitioner has a remedy to file stay vacation application or to pursue restoration application for decision expeditiously - Revision against such an order is not maintainable...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail during pendency of appeal against conviction - Murder - Extra judicial confession made by accused and there is inconsistency between PWs regarding same - Recovery of dead body and other weapon of assault thereafter made at the disclosure statement of accused while in custody which..........
Rent and eviction -- Suit for recovery of possession from trespasser - Inquiry as to valuation of suit - Tenant was categorically described to be a lessee at inception, later on rendered a tenant at sufferance and virtually being described as a trespasser - An inquiry u/s 11 of West Bengal Court Fees Act, is immediately required so that parties are not compelled to..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- (as amended by Act, 2016) - Application for appointment of arbitrator before High Court - Maintainability - Execution of work contract containing arbitration clause was prior to date of amendment and notice for reference to arbitration issued in year 2017 - However, Amendment Act, 2016 applies from date on which..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Petitioner unsuccessful in earlier suit, cannot again re-agitate the same issue by way of an application U.O.1.R.10 CPC - He is neither necessary nor proper party to lis - Intervenor has taken prevaricating stand - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Rape case - There is categorical and unequivocal allegation of outraging modesty of informant, as mentioned in FIR and her corroborating statements given at different stages, primarily attributes specific role to all accused including petitioner - Named accused undoubtedly are influential..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Juvenile - Bail - Murder - No specific role of juvenile shown in impugned order of rejecting bail application - Impugned order set aside - Bail granted to..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Order allowing application u/s 319 Cr.P.C is based on statement of PW1 without considering relevant facts and without recording any satisfaction that there is some cogent evidence which may lead to his conviction - Even there is apparent contradiction in statement of PW1 during course of trial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Co-accused acquitted by trial Court and trial abated against main accused, who died and there is no change of witnesses - No appeal is filed by State or by informant/victim, thus same attained finality - Petitioner thus, cannot be convicted and liable to be discharged - Order allowing..........
