Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Suit land claimed to be common pathway - It was basically claim of title over the land which is said to be a pathway allegedly used by both the parties - Claim has to be determined by Court on the basis of oral and documentary evidence - Suit is at the stage of arguments - Application..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - JD disobeying the order of attachment, sold away the property to third parties during the pendency of suit and prior to filing of execution petition - JD thus, had sufficient means to pay decretal amount - Plea of JD seeking extension of six months time is not acceptable, as executing..........
Adverse possession -- Plaintiff did not aver and establish the date since when he was in possession over suit property hostile to the title of landlord - Suit rightly dismissed...........
Easements Act, 1882, Section 15 -- Easement by prescription - Right of way - Plaintiffs have not specifically claimed in the plaint that they or their predecessor-in-interest were enjoying easementary right of use of rasta in dispute for over 20 years - Use of term `last many years' is not sufficient to mean that they have been enjoying the same for last 20 years -..........
Hindu Widow, Section 2 -- Widow remarriage - On remarriage of widow after death of her husband, her title or interest over suit property stood lapsed in terms of S.2 of the Act...........
Agreement to sell -- Specific performance - Defendant contended that they executed agreement as security of loan - If at all defendants are of the view that, they have availed loan from plaintiffs and have not entered into sale agreement, there was no impediment for the defendants to execute the mortgage deed instead of executing a sale agreement - Plaintiffs with cogent..........
Agreement to sell -- Specific performance - Defendant contended that they executed agreement as security of loan - Recitals in the agreement of sale has been understood and acted upon by parties by executing confirmation deed - DW 1 admits in his evidence that plaintiffs are financially sound enough to repay the balance amount and are in land business - Said aspect would..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Petitioner contended that suit property claimed by plaintiffs encompasses the property purchased by him from defendant - Even if it is assumed that petitioner is a purchaser pendente lite and even if it is treated to be not bonafide purchaser, yet since the sale is brought about by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 506 -- Quashing of summoning order - Offence u/ss 406, 506 IPC - Allegation of non-payment of salary and provident fund to complainant after resignation - No prima facie evidence on record that after resigning from company of accused, complainant joined another company and shared confidential..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - There must be identity of the matter in issue in both the suits inasmuch as subject matter in both the proceedings is identical...........
