Indian Penal Code, 1860, Section 302, 57 -- Imprisonment for life - Is to be treated as 'rigorous imprisonment for life' - It was unnecessary for Legislature to specifically mention that imprisonment for life means rigorous imprisonment for life as this punishment is imposed for grave offences though there is no specific provision in this respect...........
Rent and Eviction -- Tenant filed suit for specific performance of agreement for sale of suit premises - Counter claim of landlord for possession by eviction - Tenant failed to establish his claim - Held, counter claim of landlord cannot be decreed only on ground that tenant had denied title of landlord when jurisdiction of Civil Court is barred by Rent Act...........
Service -- Appointment made on probation/ad hoc basis for a specific period - Such appointment comes to an end by efflux of time and the person holding such post has no right to continue in the post...........
Service -- Termination - Court holding termination order void ab initio and non est and that plaintiff is in continuity of service - Held, employee cannot claim back wages in absence of specific relief granted in decree...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for specific performance - Discretion - An order in exercise of discretion may not involve a substantial question of law - However, question whether a Court could, in law, exercise a discretion at all for decreeing specific performance, could be a question of law that..........
Prevention of Terrorism Act, 2002, Section 49(2)(b) -- Investigation - Extension of time - Extension of time for completion of investigation is not to be granted as a matter of course, but subject to conditions enumerated in the Act - Report of Public Prosecutor must satisfy Court that Investigating Agency acted diligently and inspite of the progress of investigation it..........
Agreement to sell -- Suit for specific performance - Description of property changed because of consolidation proceedings - There is no bar to a decree of specific performance being granted...........
Specific Relief Act, 1963, Section 34 -- Sale deed executed as security of loan - Oral agreement of recoveyance on payment of loan - Loan amount paid - Suit for declaration of title - Not maintainable in absence of seeking relief of declaration that sale deed was a loan transaction and not a real sale - Second relief of specific performance of property by registered..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2 -- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not..........
Adverse possession -- Plea of - Adverse possession is a question of fact and the same has to be specifically pleaded and proved - In absence of specific plea and issue and evidence, finding of Court on the point cannot be sustained. (Limitation Act, 1963, Arts.64, 65, Civil Procedure Code, 1908, O.6.Rr.1, 2)...........
