Evidence Act, 1872, Section 65 -- Secondary evidence - An application is not required to be filed in terms of S.65(c) of the Act - If foundation for leading secondary evidence is there either in plaint or in evidence then secondary evidence cannot be ousted for consideration only because an application to lead secondary evidence was not filed...........
Transfer of Property Act, 1882, Section 111 -- Suit for possession by landlord - After expiry of lease, merely not choosing right to seek possession in terms of lease deed, does not foreclose rights of lessor as owner of property...........
Service -- Judicial service - Termination during period of probation - Misconduct - Allegations of misdemenour and corruption in discharge of judicial functions were received during probation period against few judicial officers including respondent - Order of termination of service passed after overall assessment of performance of respondent during period of probation,..........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Limitation period for executing a decree passed by a foreign Court (from reciprocating country) in India will be limitation prescribed in reciprocating foreign country - However, this will be subject to decree being executable in terms of S.13 CPC...........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Party filing petition for execution of a foreign decree must also necessarily file a written application in terms of O.21.R.11(2) CPC - Without such an application it will be impossible for Court to execute decree - Such application for executing a foreign decree will be an application not covered..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Irregularity in sale - Four bidders present but bid was offered by only three bidders, who participated in auction - The way in which bid went on as per bid list, is a clear indication that there was a farce as an auction - It did not reflect any competitive bidding among bidders - Sale so..........
Agreement to sell -- Specific performance - Unless stipulations and terms of contract are certain and parties are consensus as idem, specific performance cannot be ordered...........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami transaction - Plaintiff was not a bona fide purchaser with no financial capacity whatsoever, as per unambiguous and unequivocal facts on record - Further, plaintiff also failed to prove genuineness of transaction for preparation of pay orders and bank drafts from accounts of such persons with whom plaintiff..........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination of lease due to efflux of time - Once lease deed came to an end due to lapse of tenancy, tenant cannot take benefit of terms of agreement and ask landlord to issue three months prior notice as per terms of lease deed...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Parties arrived at a settlement in terms of a joint memo - Offence compounded - Conviction set aside - Accused acquitted...........