II (2008) CLT 272 (SC)
Additional
Evidence - If necessary for pronouncement of judgment, application to be allowed.II
(2008) CLT 246
Adverse Possession - By mere residence, no party can claim
a hostile title by prescription.
II (2008) CLT 313
Affidavit of
Evidence - Decree for divorce by mutual consent cannot be passed on basis of affidavit
filed by power of attorney holder.
II (2008) CLT 237 (SC)
Amendment
of Written Statement - After commencement of trial, no application for amendment
shall be allowed.
II (2008) CLT 163 (SC)
Appeal - Right of appeal
is valuable right and unless there exists cogent reasons, litigant should not
be deprived of same.
II (2008) CLT 223 (SC)
Arbitration Law -
Appointment of Arbitrator - Absence of Arbitral Tribunal, power exercised by High
Court under Section 11 of Arbitration and Conciliation Act.
II (2008)
CLT 170 (SC)
Constitutional Law -- Right to property -- Still constitutional
and human right.
II (2008) CLT 213
Contempt of Courts -- Purpose
is to protect dignity of Judges and to punish for acts or words which tend to
interfere in administration of justice.
II (2008) CLT 241 (SC)
Contempt
of Court/Service Law -- Seniority -- Denial of -- Directions to re-arrange seniority
in terms of principles laid down in Parmanand Lal's case amounts to contempt of
Court.
II (2008) CLT 266 (SC)
Doctrine of "Lis Pendens"
-- Prohibits party from dealing with property which is subject matter of suit.
II
(2008) CLT 319 (SC)
Election Laws -- It is special law -- Proper pleadings
required to be made and strict proof in support of pleadings required to e made
in election petition.
II (2008) CLT 210 (SC)
Execution -- Attachment
of Property -- Objections against -- Locus standi to raise objection to sale --
Factum of agreement of sale not denied y second respondent -- Appellant had locus
standi to raise objection to sale.
II (2008) CLT 266 (SC)
Purchaser
pendent elite has no right to offer resistance or cause obstruction.
II
(2008) CLT 193
Gift Deed -- Validity -- To be proved by person who wants
who wants to take advantage of document.
II (2008) CLT 303 (SC)
Hindu
Law -- Adoption -- Validity -- For valid adoption, person giving must be capable
of lawfully giving in adoption and the person adopted must be capable of being
lawfully taken in adoption.
II (2008) CLT 303 (SC)
Custom -- Proof
of -- It is incumbent on party setting up custom to allege and prove custom on
which he relies -- Custom cannot be extended by analogy.
II (2008) CLT
170 (SC)
Interpretation of Statutes -- Statute must be interpreted having
regard to constitutional provisions and also human rights.
II (2008)
CLT 210
Judgment -- Mere non-framing of specific issue will not be sufficient
to set aside judgment.
II (2008) CLT 294 (SC)
Judgment of Admission
-- Categorical admission cannot be resiled from but it may be explained or clarified.
II
(2008) CLT 339 (SC)
Jurisdiction -- Question of lack of jurisdiction can
be raised at any stage.
II (2008) CLT 219 (SC)
Limitation -- Plea
relating to, can be raised even in Court of last resort.
II (2008) CLT
187 (SC)
Mesne Profits -- Mesne profit cannot be granted in absence of
any specific prayer for an inquiry relating to same.
II (2008) CLT 170
(SC)
Principle of Law -- Statutory power must be exercised within four
corners of statute.
II (2008) CLT 326
Recall and re-examination
of witness -- No exceptional case made out, interference by High Court in revision
not required.
II (2008) CLT 170 (SC)
Recovery Suit -- State financial
corporation under Section 29 of Act cannot take possession of properties of surety
of guarantor for recovery of loan.
II (2008) CLT 265
Remand --
Not proper when Appellate Court can finally determine case based on evidence on
record.
II (2008) CLT 258
Right to Information -- Education Institution
-- Finance by State Government, it will fall under purview of RTI Act.
II
(2008) CLT 199
Second Appeal -- Fresh determination of facts not permissible.
II
(2008) CLT 286 (SC)
Interference with question of fact -- Normally Court
should not interfere on question of fact -- But if on scrutiny of evidence it
is found that finding recorded by first Appellate Court is totally perverse then
certainly High Court can interfere in matter.
II (2008) CLT 182 (SC)
Setting
aside ex parte decree -- Under Delhi High Court rule, the Presiding Officer of
Transferor Court was responsible for informing parties regarding transfer as well
as date on which parties have to appear before transferee Court.
II (2008)
CLT 197 (SC)
Specific Performance of Contract -- Personal bars to relief
-- If pleadings manifest that conduct of plaintiff entitles him to get relief
on perusal of plaint he should not be denied relief.
II (2008) CLT 301
Stamp
Duty -- Market value for purpose of determining stamp duty has to be determined
with reference to date on which document is executed and not on basis of any improvements
made on it thereafter.
II (2008) CLT 193 (SC)
Succession -- Grant
of Succession Certificate -- Legitimacy of marriage and legal heirs -- Proof of
-- Nominee claiming death benefits arising out of employment can file application
under Section 372 of Indian Succession Act.
II (2008) CLT 200 (SC)
Telecommunication
-- Disconnection -- Default of payment of dues of connection in name of appellant's
wife -- Wife is housewife economically dependent on her husband -- Disconnection
of telephone connection in name of husband, justified.
II (2008) CLT
317 (SC)
Transfer Petition -- Pendency of criminal proceedings in one Court
is not a good ground for transfer of case to other Court.
II (2008) CLT
190 (SC)
Transfer of Property -- Impleadment of party -- Proceeding against
him shall be deemed to begin only from the date of service of summons.
II
(2008) CLT 258 (SC)
Redemption of mortgage -- Limitation 30 years when
right to redeem or recover possession accrues.
II (2008) CLT 312 (SC)
Registered
Deed of Mortgage -- Alteration/variation of -- Registered mortgage deed could
not be varied or altered by unregistered document so as to change status of parties
from mortgagee to lessee.
II (2008) CLT 289 (SC)
Sale/Mortgage
Transaction -- Determination of -- Question would not depend upon language used
in the deed, but also circumstances attending thereto.
II (2008) CLT
344
Unsoundness of Mind -- Deaf and dumb person can be said to be person
suffering from mental infirmity and entitled to protection under Order 32 Rule
15, CPC.
II (2008) CLT 249
Writ Proceedings -- Substitution of
legal representatives -- Provisions of Order 22, CPC can be invoked.
II
(2008) CLT 225 (SC)
Written Statement -- Condonation of Delay - Non-availability
of records with layer, delay condoned.