Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought to incorporate pleadings from another suit, their relevance cannot be questioned, as they already existed in said suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent event - Amendment sought cannot be rejected merely because same had not pleaded in subsequent connected suit, unless same prejudices...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Concealment of fact - Concealment to non suit landlord should be concealment of a material fact, which would have a bearing on facts of case and ultimate decision - Landlord is obliged to disclose accommodation which is available to landlord and which could be comparable or alternative to..........
Specific Relief Act, 1963, Section 38, 41(h) -- Injunction - Co-sharers - Restraining defendant from raising construction and alienating specific portion - Plaintiff has equally efficacious remedy of partition - Suit for injunction is not maintainable...........
Agreement to sell -- Suit for specific performance - Plea of loan transaction - Non-mentioning of interest in the agreement - Cannot be taken as a circumstance to doubt plea of loan transaction or accept the contention that parties actually intended to sell the suit land by way of agreement...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 341 days in filing petition U.O.9.R.13 CPC - Maintenance proceedings u/s 18 of HAMA - Ex parte decree passed against husband directing him to pay Rs.12,000 PM - However, no amount of maintenance paid by husband to wife - Husband offered to deposit 50% of amount due towards maintenance from date of decree,..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Demarcation report - Demarcation done with a measuring tape when as per rules it should have been conducted with a Zarib - There is possibility of some inaccuracy in dimensions of measuring tape, which stands ruled out if demarcation is conducted using a Zarib - Such type of report which is not proper..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide necessity and non payment of rent - Landlord failed to prove relationship of landlord and tenant - Even, allotment letter does not give any kind of indication regarding ownership of property - Landlord cannot prove original allotment of premises - No evidence on record to indicate..........
Registration Act, 1908, Section 17, 49 -- U, registered mortgage deed - Collateral purpose - Admissibility - Personal covenant was enforced by plaintiff in unregistered mortgage deed in respect of suit property whereby defendant had agreed to repay amount whenever they demand - Document thus, sought to be used for collateral purpose, trial Court could not have refused to..........
Will -- Execution - Scribe of Will deposed that he did not know testator personally - Witness examined from office of registering authority only produced certified copy of Will and made a statement on basis of records without having any knowledge with regard to execution and registration of Will - Beneficiaries under Will have failed to prove Will in accordance with law -..........
