Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed for declaration before civil Court and subsequent suit for eviction filed under provisions of Maharashtra Rent Control Act - Jurisdiction of Courts dealing with both the suits is completely distinct and different - Reliefs prayed for in subsequent suit also stands on a different footing..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i), 10(2)(ii) -- Eviction petition - In said petition, partition deed was filed - Perusal of order passed by Rent Controller would go to show that R.C.O.P itself has been filed for eviction and in said petition partition deed was marked - Since rights of party has been given effect to in said document..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29 -- Anticipatory bail - Contraband - Quantity recovered from possession of accused is commercial quantity - However, Court below while granting bail to accused does not refer to S.37 of NDPS Act and did not record satisfaction with regard to conditions..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 378 days - Suit for recovery of money - Ex parte decree set aside on condition of deposit of entire decretal amount alongwith interest as on date - Defendant granted one opportunity to prove his defence...........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of defendant no.4 - Witness of defendant no.4 was present for cross-examination on two occasions - But on both the occasions witness of defendant no.4 not cross-examined by Counsel for plaintiff - Witness of defendant no.4 did not appear on one date on which his evidence was closed by Court - Evidence..........
Adverse possession -- Plea of adverse possession is not a pure question of law but a blended one of fact and law - Unless petitioner proves that concurrent findings recorded by authorities below are perverse or based on no evidence such findings cannot be set aside by Court in exercise of its extraordinary writ jurisdiction u/art 227 of Constitution...........
Passport Act, 1967, Section 6 -- Issuance of passport to minor child - Child was adopted under Hindu Adoptions and Maintenance Act, 1956 - Passport authorities cannot go into validity of adoption of a minor child at the time of issuance of passport, as Officer could decline a passport only for reasons set out in S.6 of the Act...........
Civil Procedure Code, 1908, Section 151 -- Witness not present for cross examination - Court passed an order to eschew the chief evidence affidavit - Witness is an old man, aged about 69 years who was suffering from fever and jaundice - Medical certificate were produced in support of said fact - However, trial Court has not referred to any medical certificate produced by..........
Permanent establishment -- Double taxation avoidance treaties - Mumbai project office is not a fixed place of business through which core business of assessee was wholly or partly carried on - Said Mumbai project office is solely an auxiliary office, meant to act as a liaison office between Assessee and ONGC - Therefore, no permanent establishment has been set up within..........
Income Tax Act, 1961, Section 260A(4) -- Appeal to High Court - Hearing of appeal on substantial question of law not formulated by High Court - If High Court wishes to hear appeal on any other substantial question of law not formulated by it, it may for reasons to be recorded formulate and hear such questions if it is satisfied that case involves such question - In the..........