Specific Relief Act, 1963, Section 34 -- Suit for declaration for correction of date of birth - Suit for bare declaration, without any consequential relief is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Seeking relief restraining defendant from transferring, alienating, mortgaging, creating gift or any right in changing nature of suit land - These are not distinct prayers as all such prayers are related to each other and filing single application for all said reliefs is maintainable...........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Bar of limitation of 30 years for redeeming a mortgage would not be applicable in case of Usufructuary mortgage - Usufructuary mortgagee therefore, not entitled to file suit for declaration claiming ownership of mortgage property on expiry..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit without permission to file fresh suit - Subsequent suit filed on different cause of action - Subsequent suit not barred either U.O.23.R.1(4) or O.2.R.2 CPC even though earlier suit related to same property and between the same parties...........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 20, Rule 18(1) -- Partition suit - Parties resolved dispute qua some of the properties - Court to draw partial decree accordingly in view of the terms and conditions arrived at between parties - So far as remaining properties for which no settlement..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Coloured photographs - No reason is forthcoming as to why photographs in question were neither included in the list of documents nor tendered in evidence during course of his evidence, particularly when same were in power and possession of plaintiff on the date of filing of suit - Conditions pre-requisite for invoking..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of public servant as a witness - Dispute over immovable property - Courts not to ordinarily summon public servants to support the cause of one party unless Court itself is of the opinion that evidence of such public servant is required to adjudicate on the seriously disputed questions arising in the..........
Civil suit and criminal proceedings -- Forgery or cheating - Civil suit filed alleging gift deed fraudulent and not binding and cancellation of gift deed - Civil Court cannot punish accused for criminal offence of forgery, cheating etc. - Though both the proceedings arise from the same action but both relate to different aspects - Both civil suit and criminal proceedings..........
Negotiable Instruments Act, 1881, Section 4, 118(a) -- Pronote - Signature of defendant on pronote established by handwriting expert - No contrary evidence led by defendant to disprove his signature on pronote - Even, execution of pronote established by plaintiff by examining deed writer - Non-examination of witness to pronote cannot be held against plaintiff - No rebuttal..........
