Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a third party - Suit for declaration that sale deed is null and void - Applicant sought his impleadment on the basis of agreement to sell - However, he has not got any direct or legal interest involved in controversy in suit and that too when suit for specific performance or suit for declaration of a sale..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for eviction, possession, damages and mesne profits - Lease expired on 31.7.2020 - Clear and unequivocal admission about expiry of lease - Decree on admission allowed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of civil death of another person - Suit is not maintainable - A suit for declaration can be filed by any person : (a) for his or her legal character, (b) for any right as to any property...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration by legal heirs as to death of the person - After death of a person his heirs, having interest in such legal character, have title to seek declaration of such legal character as to death of the person - Suit at the instance of any such person for declaration is maintainable, if he can stand the test that he is..........
Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - Suit for declaration by plaintiff claiming himself to be legal heir of a missing person, Court can take presumption of death of a missing person u/s 108 of Evidence Act...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of a civil death of a person - Maintainability - Mere suit for declaration of death of a person is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Reason for withdrawal of suit is that plaintiffs had no knowledge of Will before it was filed in the cross examination of P.W.1 - Case of plaintiffs does not fall under category of formal defect, nor is there any reason to fall within scope of sufficient ground..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Agreement to sell executed by two brothers - Impleadment of third brother - If property is joint then two brothers will be deemed to have sold to the extent of their share - Petitioner is thus neither necessary not a proper party...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - While framing issues, Court informs parties about scope of suit and evidence to be led in support thereof...........
