Email: civilreports@hotmail.com
Website: lawmirror.com

Postal Regd.No.CHD/0018/08-10.
Annual Subsc. (Four Vols.) Rs.1360/-

Now Law also available in Electronic Media

 Photocopy - of original can be produced - Original documents are only intended to be produced i.e. to be given inspection of while the copies are to be filed - Use of words 'produce' and 'filed' in O.13.R.1 CPC means that it is production of originals for inspection only and filing of copies only. 2009(3) Civil Court Cases 171 (Delhi)

 Plaint - Amendment - Court can allow amendment when such an amendment is bona fide and it does not cause injustice to the other side and it does not affect the right already accrued to the defendant. 2009(3) Civil Court Cases 155 (S.C.)

 Rent & Eviction - Arbitration clause - Eviction petition cannot be referred to Arbitrator. 2009(3) Civil Court Cases 044 (P&H)

 Rent & Eviction - Arbitration clause - When claim is of mere recovery of lease amount then dispute can be referred to arbitrator. 2009(3) Civil Court Cases 103 (P&H)

 Report of finger print expert on record of a criminal Court - Civil Court is competent to call for the same. 2009(3) Civil Court Cases 054 (S.C.)

 Right to Information - Co-operative society - Bound to act in conformity with the obligations in Chapter II of the Act. 2009(3) Civil Court Cases 273 (Kerala)

 Signatures - Sometimes signing and sometimes thumb marking - Illiterate person - Not of much significance. 2009(3) Civil Court Cases 069 (Allahabad)

 Terms of unregistered document reproduced in pleading - Not expressly denied by the opposite party - Do not constitute an admission. 2009(3) Civil Court Cases 019 (P&H)

 True character of document - when questioned then extrinsic evidence by way of oral evidence is admissible. 2009(3) Civil Court Cases 220 (S.C.)

 Will - Mental condition - Testator's mental condition both prior and later to the date of execution of Will is relevant. 2009(3) Civil Court Cases 122 (S.C.)

SUBJECT INDEX

Adverse possession

 Adverse possession - Property belonged to A & B step brothers - A selling his share to B - Deed of settlement executed where right to enjoy property was given to A - A remained in possession for 22 years - Legal heirs of A cannot claim property by way of adverse possession. 2009(3) Civil Court Cases 058 (S.C.)

Agreement to sell

 Agreement to sell - Execution - Proof - Spacing of lines - On the upper half of the page of agreement the letters bigger in size and in the remaining half the letters are smaller and put densely and closely also - Held, this circumstance has to be considered along with other attending facts and circumstances of the case. 2009(3) Civil Court Cases 069 (Allahabad)

Arbitration Act, 1940

 Arbitration Act, 1940, S.23 - Additional issue - Arbitrator can frame an additional issue - Arbitrator has all the powers which the court itself would have in deciding the issues in the suit. 2009(3) Civil Court Cases 285 (S.C.)

 Arbitration Act, 1940, S.30 - Arbitration award - Arbitration award is ordinarily final and Courts hearing applications u/s 30 of the Act do not exercise any appellate jurisdiction. 2009(3) Civil Court Cases 285 (S.C.)

 Arbitration Act, 1940, S.30 - Arbitration award - Interference, setting aside or modification - Can only be within four corners of the procedure provided by the Act - It is not misconduct on the part of an arbitrator to come to an erroneous decision, whether error is one of the fact or law, and whether or not his findings of fact are supported by evidence - In case of errors apparent on the face of the award it can only be set aside if in the award there in any proposition of law which is apparent on the fact of the award, namely, in the award itself or any document incorporated in the award - Errors of law as such are not to be presumed. 2009(3) Civil Court Cases 285 (S.C.)

 Arbitration Act, 1940, S.30 - Arbitration award - Setting aside - Going beyond the terms of contract - Erroneous application of law and incorrect findings of fact demonstrable on the face of materials on record are legal misconduct which renders the award invalid - However, Court cannot reappraise evidence intrinsically with a close scrutiny for finding out the conclusion drawn from some facts, by the arbitrator is according to the understanding of the court, erroneous - Such exercise of power which can be exercised by an Appellate Court with power to reverse the finding of fact, is alien to the scope and ambit of challenge of an award under the Arbitration Act. 2009(3) Civil Court Cases 285 (S.C.)

 Arbitration Act, 1940, S.30 - Arbitration award - View of arbitration if found plausible one then Court to refrain itself from interfering. 2009(3) Civil Court Cases 285 (S.C.)

Civil and criminal proceedings

 Civil and criminal proceedings - Summoning of a document by civil court which is on record of criminal court - Held, Court shall not bring about a situation whereby a criminal proceeding would remain stayed. 2009(3) Civil Court Cases 054 (S.C.)

 Civil and criminal proceedings - Where a civil proceeding as also a criminal proceeding is pending, the latter shall get primacy. 2009(3) Civil Court Cases 054 (S.C.)

Civil Procedure Code, 1908

 Civil Procedure Code, 1908, S.10 - Civil and criminal case - Stay of civil suit during pendency of criminal case - Plea of disclosing defence - Defence already disclosed as written statement filed - Directions given to criminal Court to dispose of criminal case within three months without fail and civil court directed to postpone trial of civil suit till then. 2009(3) Civil Court Cases 214 (A.P.)

 Civil Procedure Code, 1908, S.11 - Res judicata - Issue as to title of property - It is a substantial issue - Decision on such a issue in an earlier litigation between the same parties or their predecessor-in-interest attracts the provision of S.11 of the Act. 2009(3) Civil Court Cases 008 (P&H)

 Civil Procedure Code, 1908, S.11 - Res judicata - Suit dismissed but rights of parties decided - Held, it attracts provision of S.11 of the Act. 2009(3) Civil Court Cases 008 (P&H)

 Civil Procedure Code, 1908, S.34 - Interest - Can be awarded in terms of an agreement or statutory provisions - It can also be awarded by reason of usage or trade having the force of law or on equitable considerations - However, it cannot be awarded by way of damages except in cases where money due is wrongfully withheld and there are equitable grounds therefor, for which a written demand is mandatory - In absence of any agreement or statutory provision or a mercantile usage, interest payable can be only at the market rate and such interest is payable upon establishment of totality of circumstances justifying exercise of such equitable jurisdiction - In ascertaining the rate of interest Court can take judicial notice of both inflation as also fall in bank rate of interest. 2009(3) Civil Court Cases 269 (S.C.)

 Civil Procedure Code, 1908, S.96 - First appeal - High Court while deciding First appeal must consider evidence on record, oral and documentary and also the questions of law raised before it - It is also duty of Court to consider the reasons given by the trial Court against which the first appeal was filed and thereafter dispose of the same after passing a speaking and reasoned order in accordance with law. 2009(3) Civil Court Cases 106 (S.C.)

 Civil Procedure Code, 1908, S.96 - First appeal - High Court without calling for the records and proceedings and without appreciating the pleadings and evidence, oral and documentary on record dismissed the appeal - Order of High Court set aside - Matter remitted back for decision afresh in accordance with law. 2009(3) Civil Court Cases 106 (S.C.)

 Civil Procedure Code, 1908, S.100 - Second appeal - Allowed without formulating substantial question of law - Impugned judgment set aside - Matter remitted back for decision afresh in accordance with law. 2009(3) Civil Court Cases 092 (S.C.)

 Civil Procedure Code, 1908, S.100 - Second appeal - Decided without formulating substantial question of law - Impugned judgment set aside and remitted back for decision afresh in accordance with law. 2009(3) Civil Court Cases 190 (S.C.)

 Civil Procedure Code, 1908, S.100 - Second appeal - Judgment passed without formulating substantial question of law - Impugned judgment set aside - Matter remitted for rehearing. 2009(3) Civil Court Cases 131 (S.C.)

 Civil Procedure Code, 1908, S.100 - Second appeal - Maintainability of suit - It is a pure question of law - Can be raised for the first time in second appeal. 2009(3) Civil Court Cases 065 (Allahabad)

 Civil Procedure Code, 1908, S.100 - Second appeal - Question whether a person who was in a position to dominate the will of another and procured a certain deed by undue influence, is a question of fact - Not amenable to interference in second appeal. 2009(3) Civil Court Cases 022 (S.C.)

 Civil Procedure Code, 1908, S.100 - Second appeal - Substantial question of law - Meaning of substantial - To be 'substantial' a question of law must be debatable, not previously settled by law of the land or a binding precedent, and must have a material bearing on the decision of the case, if answered either way, in so far as the rights of the parties before it are concerned. 2009(3) Civil Court Cases 113 (Allahabad)

 Civil Procedure Code, 1908, S.144 - Restitution - Auction purchaser when decree holder and a stranger - Difference - Decree holder auction purchaser is bound to return the property when decree is reversed - If property is purchased by a bonafide purchaser who is stranger to the Court proceedings, the sale in his favour is protected and he cannot be asked to restitute the property to the judgment debtor if the decree is set aside. 2009(3) Civil Court Cases 187 (S.C.)

 Civil Procedure Code, 1908, S.151 - Inherent powers - Cannot be invoked inconsistently with the specific provisions. (Delhi) 171

 Civil Procedure Code, 1908, O.1.R.10 - Impleading of a party - Suit for specific performance - Applicant when has semblance of title and interest over the suit land then he should be allowed to be impleaded as a party. 2009(3) Civil Court Cases 262 (Rajasthan) (DB)

 Civil Procedure Code, 1908, O.5.R.9 - Summons - Service by registered post - Where registered cover is properly addressed and duly sent by registered post with acknowledgement due, then Court can declare that the summons have been duly served. 2009(3) Civil Court Cases 201 (P&H)

 Civil Procedure Code, 1908, O.6.Rr.1,2 - Pleadings - Defendant can raise alternative and inconsistent plea but is not permitted to raise pleas which are mutually destructive of each other. 2009(3) Civil Court Cases 220 (S.C.)

 Civil Procedure Code, 1908, O.6.R.17, Specific Relief Act, 1963, S.22(6) - Plaint - Amendment - Suit for specific performance - Relief of possession - Not sought - Amendment of plaint allowed to claim relief of possession. 2009(3) Civil Court Cases 212 (Rajasthan)

 Civil Procedure Code, 1908, O.6.R.17 - Plaint - Amendment - Amendment sought to change description of property - Mistake realised on the day on which he sat with his Advocate for writing written statement - Explanation is just and sufficient - Cannot be said that plaintiff was not diligent which filing the suit itself - Amendment allowed. 2009(3) Civil Court Cases 109 (Bombay)

 Civil Procedure Code, 1908, O.6.R.17 - Plaint - Amendment - Court can allow amendment when such an amendment is bona fide and it does not cause injustice to the other side and it does not affect the right already accrued to the defendant. 2009(3) Civil Court Cases 155 (S.C.)

 Civil Procedure Code, 1908, O.6.R.17 - Plaint - Amendment - Sought after passing of the preliminary decree - Amendment sought to change Town Survey Number - Identity of suit land not changed - It is not a case of substitution of one land with the other - No prejudice is to be caused to the opposite party in case amendment is allowed - Order allowing amendment upheld. 2009(3) Civil Court Cases 155 (S.C.)

 Civil Procedure Code, 1908, O.6.R.17 - Plaint - Amendment - Suit for mandatory injunction - Amendment sought to claim relief of damages as due to digging up trench/Khai cracks have appeared on the wall - Amendment allowed. 2009(3) Civil Court Cases 207 (P&H)

 Civil Procedure Code, 1908, O.6.R.17 - Plaint - Amendment - Suit for mandatory injunction - Trench/khai alleged to be dug up near/adjacent to the northern wall - Amendment sought that it was towards eastern wall - It was a typographical mistake - Suit fixed for filing replication and framing of issues - Amendment allowed. 2009(3) Civil Court Cases 207 (P&H)

 Civil Procedure Code, 1908, O.6.R.17 - Plaint - Amendment - Town Survey number sought to be substituted by another number which was wrongly mentioned due to typographical mistake - Identity of property not changed - One land not substituted with another one - Amendment allowed - Order upheld. 2009(3) Civil Court Cases 155 (S.C.)

 Civil Procedure Code, 1908, O.7.R.3, O.26.R.9 - Identification of property - Survey Commission - Court cannot issue survey commission without there being any application to that effect or pleading to show that the area is not identifiable. 2009(3) Civil Court Cases 113 (Allahabad)

 Civil Procedure Code, 1908, O.7.R.3, O.26.R.9, S.100 - Identification of property - Second appeal - No attempt made in Courts below to get property demarcated - High Court in second appeal cannot assume the role of the trial Court and that too without any application for getting demarcation done. 2009(3) Civil Court Cases 113 (Allahabad)

 Civil Procedure Code, 1908, O.7.R.4, O.6.R.14, O.37.R.1 - Money suit by Bank - Sufficient evidence on record to show that Regional Manager was duly authorised to sign the plaint on behalf of the bank - Held, presentation of plaint is valid. 2009(3) Civil Court Cases 162 (Bombay)

 Civil Procedure Code, 1908, O.7.R.11 - Rejection of application - Plaint, cause of action and prayer in plaint considered - No ground to interfere with order of trial court rejecting application U.O.7.R.11 CPC. 2009(3) Civil Court Cases 100 (Rajasthan)

 Civil Procedure Code, 1908, O.7.R.14 - Production of Partnership deed and certificate of registration - Application rejected on ground that it will adversely effect the interest of the defendants - Order of trial Court set aside - Application allowed. 2009(3) Civil Court Cases 159 (Rajasthan)

 Civil Procedure Code, 1908, O.8.R.1, Registration Act, 1908, Ss.17, 49 - Terms of unregistered document, which is otherwise required in law to be registered, when reproduced in pleading but not expressly denied by the opposite party, then the same do not constitute an admission. 2009(3) Civil Court Cases 019 (P&H)

 Civil Procedure Code, 1908, O.8.R.6-A - Counter claim - Beyond prescribed period of limitation - Cannot be allowed. 2009(3) Civil Court Cases 014 (Bombay)

 Civil Procedure Code, 1908, O.8.R.6-A - Counter claim - By filing a counter claim the litigation cannot be converted into some sort of an inter pleader suit. 2009(3) Civil Court Cases 014 (Bombay)

 Civil Procedure Code, 1908, O.8.R.6-A - Counter claim - Suit for perpetual injunction - Counter claim after settlement of issues as well as recording of evidence of plaintiff - Not permissible - It was incumbent upon defendant to raise claim at the time of filing written statement, as the cause of action has arisen before filing of the written statement. 2009(3) Civil Court Cases 014 (Bombay)

 Civil Procedure Code, 1908, O.8.R.9 - Replication - Non filing of - Effect - Effect of not filing rejoinder as constituting an admission must be always understood in context of the particular statement made by a party that goes unrefuted. 2009(3) Civil Court Cases 094 (P&H)

 Civil Procedure Code, 1908, O.9.R.13 - Exparte decree - Setting aside - No sufficient cause shown for setting aside the exparte judgment and decree - A party served with summons at the commencement of the hearing of the suit is not required to be served with subsequent notice, which was necessitated because that party has chosen to stay away from the hearings despite specific knowledge of the pendency of the suit - Application dismissed. 2009(3) Civil Court Cases 117 (Delhi) (DB)

 Civil Procedure Code, 1908, O.9.R.13 - Exparte decree - Setting aside - Pendency of suit within knowledge of defendant - Held, plaintiff cannot succeed merely on the basis that pendency of suit was within knowledge of defendant as he has to prove that defendant was duly served and he was rightly proceeded against ex parte. 2009(3) Civil Court Cases 201 (P&H)

 Civil Procedure Code, 1908, O.9.R.13, O.5.Rr.9, 25 - Exparte decree - Setting aside - Summons sent as per registered post with A.D. at Chandigarh address and at Canada address - Summons sent at Chandigarh address received back as unclaimed - Summons sent at Canada address not received back within statutory period of 30 days - There is presumption of service of summons - Defendant admitted both addresses to be correct - Exparte order validly passed - Order of trial Court setting aside exparte decree set aside and exparte decree restored. 2009(3) Civil Court Cases 201 (P&H)

 Civil Procedure Code, 1908, O.9.Rr.13, 6, 7, O.41.R.19 - No instructions - Restoration - Held, whenever counsel appearing on behalf of the party pleads no instructions, Court should serve actual date notice upon the party concerned who had engaged that Advocate. 2009(3) Civil Court Cases 049 (P&H)

 Civil Procedure Code, 1908, O.13.R.1 - Photocopy of a original document can be filed instead of filing the original document - But not so when document is doubtful or for any other reason it is required by Court to remain in original on the file of the Court - In that event party cannot insist on filing of copy only. 2009(3) Civil Court Cases 171 (Delhi)

 Civil Procedure Code, 1908, O.13.R.1 - Photocopy of original can be produced - Original documents are only intended to be produced i.e. to be given inspection of while the copies are to be filed - Use of words 'produce' and 'filed' in the provision means that it is production of originals for inspection only and filing of copies only. 2009(3) Civil Court Cases 171 (Delhi)

 Civil Procedure Code, 1908, O.13.R.4 - Exhibit on a photocopy - Once original document is produced for inspection then endorsement/exhibit mark can be put on copy on Court record. 2009(3) Civil Court Cases 171 (Delhi)

 Civil Procedure Code, 1908, O.13.R.10 - Report of finger print expert - On record of a criminal Court - Civil Court is competent to call for the same, keeping in view that Court should not bring about a situation whereby a criminal proceeding would remain stayed as in a case where both civil and criminal proceedings are pending it is the latter which gets primacy. 2009(3) Civil Court Cases 054 (S.C.)

 Civil Procedure Code, 1908, O.14.R.1 - Issues - There is no need nor requirement of law to lead evidence if one party accepts the document of another or admits a fact stated by the other. 2009(3) Civil Court Cases 241 (Delhi)

 Civil Procedure Code, 1908, O.20.R.12 - Mesne profits - High Court reduced to Rs.40,000/- from Rs.70,000/- per month without considering evidence on record - Impugned order set aside - Case remitted back for decision afresh. 2009(3) Civil Court Cases 154 (S.C.)

 Civil Procedure Code, 1908, O.21.R.54 - Attachment - By itself does not create a title nor operates to confer any title in the attaching creditor or the attaching authority - It basically prevents a private alienation of the property attached and the property cannot be dealt with to the prejudice of the claims enforceable under the attachment - Essentially, an attaching creditor obtains by way of attachment to have the attached property kept custodia legis for the satisfaction of his debt. 2009(3) Civil Court Cases 235 (Rajasthan)

 Civil Procedure Code, 1908, O.21.R.54 - Attachment - For recovery of loan to Bank - Irrigation water supply cannot be stopped on ground that land is attached in recovery of loan due to Bank. 2009(3) Civil Court Cases 235 (Rajasthan)

 Civil Procedure Code, 1908, O.21.R.55 - Execution - Money decree - Removal of attachment after satisfaction of decree - Executing Court to withdraw the attachment and putting of property to auction sale when decree is satisfied. 2009(3) Civil Court Cases 031 (Gauhati)

 Civil Procedure Code, 1908, O.21.Rr.97, 101 - Execution - Objections - Framing of issues - Decree whether obtained by collusion of D.H. with J.D. - Question of fact is involved - To be decided after framing of issues and affording an opportunity to parties to lead evidence. 2009(3) Civil Court Cases 139 (P&H)

 Civil Procedure Code, 1908, O.26.R.9 - Local commissioner - Suit for injunction - Local Commissioner can be appointed to note down the physical features of the suit property - Local Commissioner cannot be appointed to measure the suit property or the lands in other survey numbers. 2009(3) Civil Court Cases 048 (A.P.)

 Civil Procedure Code, 1908, O.34.R.7 - Preliminary decree for redemption of mortgage passed - Plaintiff cannot be denied opportunity of getting the time for depositing the amount for redeeming the mortgaged property - It was open for the defendant to take steps for passing final decree that could have debarred the plaintiff from redeeming the mortgaged property. 2009(3) Civil Court Cases 150 (S.C.)

 Civil Procedure Code, 1908, O.38.R.8, O.21.R.58 - Adjudication U.O.38.R.8 - To be decided following the procedure as laid down U.O.21.R.58 CPC - Such adjudication determining all questions including the questions relating to right, title or interest in the property attached, the order passed therein has the force as if it were a decree and an appeal will lie against such an order. 2009(3) Civil Court Cases 243 (Karnataka)

 Civil Procedure Code, 1908, O.38.R.8, O.21.R.58 - Third party objections U.O.38.R.8 - Request for raising attachment subjecting to furnishing security - In view of perishable nature of goods order passed to furnish security and thereafter raising attachment - Held, this order is not adjudicating or determining the claims made by the party for the goods attached - Does not partake the character of a decree - No appeal against such an order lies. 2009(3) Civil Court Cases 243 (Karnataka)

 Civil Procedure Code, 1908, O.40.R.1 - Receiver - Appointment - Discretion of Court - Receiver can be appointed only when plaintiff has an excellent chance of success - Plaintiff has to show not only a case of adverse and conflict claims of property but also emergency, danger or loss demanding immediate action - Element of danger is an important consideration - Ordinarily, a receiver is not appointed unless a case has been made out which may deprive the defendant of a de facto possession - Conduct of parties is also relevant. 2009(3) Civil Court Cases 122 (S.C.)

 Civil Procedure Code, 1908, O.41.R.1 - Appeal - Party against whom a finding is recorded has got a right of appeal even if ultimate decision is in his favour if that finding operates as res judicata in a subsequent suit or proceedings - In case it does not operate as res judicata, then such a party has no right of appeal. 2009(3) Civil Court Cases 008 (P&H)

 Civil Procedure Code, 1908, O.41.R.19, O.9.R.13 - Appeal - Dismissal in default - Appeal transferred to Uttaranchal High Court as there was reorganisation of State of U.P. - Non appeared in the transferee Court being unaware of such transfer - Appeal dismissed in default - Matters deserves to be heard on merit - Order of dismissal set aside. 2009(3) Civil Court Cases 007 (S.C.)

 Civil Procedure Code, 1908, O.41.R.22 - Cross objections - Can be filed within a period of one month from date of service of notice of day fixed for hearing of appeal or within such time as allowed by Court. 2009(3) Civil Court Cases 146 (Rajasthan)

 Civil Procedure Code, 1908, O.41.R.33 - Respondent can address on all issues including the issues which were decided against him at the time of final arguments of appeal, though he has not filed any appeal and his cross objection has not been admitted being time-barred. 2009(3) Civil Court Cases 146 (Rajasthan)

 Civil Procedure Code, 1908, O.47.R.9 - Second review - Order earlier reviewed and become final - Second review is without jurisdiction. 2009(3) Civil Court Cases 005 (Rajasthan)

Clean hands

 Clean hands - A person not coming to Court with clean hands does not deserve any sympathy. 2009(3) Civil Court Cases 069 (Allahabad)

Contract Act, 1872

 Contract Act, 1872, S.16 - Undue influence - Law does not envisage raising of presumption in favour of undue influence - Party alleging the same must prove the same subject of course to just exceptions. 2009(3) Civil Court Cases 022 (S.C.)

 Contract Act, 1872, S.16 - Undue influence - Relationship between the parties so as to enable one of them to dominate the will of the other is a sine qua non for constitution of undue influence. 2009(3) Civil Court Cases 022 (S.C.)

 Contract Act, 1872, S.46, Evidence Act, 1872, Ss.101, 102, 103 - Time essence of contract - Burden of proof - Onus to plead and prove that time was of the essence of the contract is on the person who alleges. 2009(3) Civil Court Cases 285 (S.C.)

 Contract Act, 1872, S.46 - Normally time is not an essence of an agreement qua immovable property - Time whether essence of contract is a question of fact - Mere expression of the stipulated time would not make time an essence of the contract. 2009(3) Civil Court Cases 285 (S.C.)

 Contract Act, 1872, S.46 - Time essence of contract - It is a question of fact - Real test is the intention of the parties - Intention can be ascertained viz. (1) the express words used in the contract; (2) the nature of the property which forms the subject matter of the contract; (3) the nature of the contract itself; and (iv) the surrounding circumstances. 2009(3) Civil Court Cases 285 (S.C.)

 Contract Act, 1872, S.134 - Surety - Liability of - Surety bond containing signature of defendant No.2 - Plea of signing on blank paper - Held, not tenable - Defendant No.2 jointly liable to make payment - Omission of creditor Bank if any can only be considered either on date of filing of suit or on date of judgment. 2009(3) Civil Court Cases 078 (Rajasthan)

Court Fees Act, 1870

 Court Fees Act, 1870, S.7(iv)(c) - Court fee - Sale deed - Relief to set aside sale deed not sought - Relief sought that sale deed does not affect his right and title in the joint Hindu Family Property - In other words, sale deed may be binding interse the parties to those transactions, but the same does not affect the plaintiff's right - Order to affixed ad valorem Court fee set aside. 2009(3) Civil Court Cases 093 (P&H)

Criminal Procedure Code, 1973

 Criminal Procedure Code, 1973, S.125 - Divorced wife - Decree of divorce against wife on account of desertion - Such a wife can claim maintenance u/s 125 Cr.P.C. - Plea of desertion by wife cannot be treated to be an effective plea in support of the husband's refusal to pay her maintenance allowance. 2009(3) Civil Court Cases 034 (Bombay)

 Criminal Procedure Code, 1973, S.125 - Divorced wife - Deemed to be a wife and is entitled to claim maintenance - She is entitled to claim maintenance irrespective of the reasons for divorce, the procedure adopted or forum chosen. 2009(3) Civil Court Cases 192 (Bombay)

 Criminal Procedure Code, 1973, S.125 - Maintenance - Civil Court granted maintenance of Rs.500/- p.m. to the wife till her remarriage - Appeal arising out of Hindu marriage petition in which the husband was granted decree of divorce pending - It is not open for Magistrate to grant maintenance u/s 125 C.P.C. 2009(3) Civil Court Cases 034 (Bombay)

Document

 Document - Execution - Executant sometimes signing and sometimes thumb marking - Held, a person who is semi or little educated sometimes puts his thumb mark and sometimes puts signatures on the document - It is not of much significance. 2009(3) Civil Court Cases 069 (Allahabad)

East Punjab Urban Rent Restriction Act, 1949

 East Punjab Urban Rent Restriction Act, 1949, S.13 - Eviction - Bonafide requirement - Property principally required for starting business and association of son in the business was merely stated as an additional fact - Property not sought for providing employment to son - Need of the landlord could not, therefore, be said to have come to end on the employment of the son. 2009(3) Civil Court Cases 094 (P&H)

 East Punjab Urban Rent Restriction Act, 1949, S.13 - Relationship of landlord and tenant - Unregistered lease deed for three years - Even if rent deed is invalid, payment of rent itself creates a lease by implication - However, in the instant case, tenant did not ever pay rent to the landlord in respect of the preemies even for one month after the execution of the unregistered rent deed - There is no tenancy by implication. 2009(3) Civil Court Cases 019 (P&H)

 East Punjab Urban Rent Restriction Act, 1949, S.13, Arbitration and Conciliation Act, 1996, S.11 - Lease - Arbitration clause in lease deed - When claim is of mere recovery of lease amount then dispute can be referred to arbitrator. 2009(3) Civil Court Cases 103 (P&H)

 East Punjab Urban Rent Restriction Act, 1949, S.13(2)(ii), Arbitration and Conciliation Act, 1996, S.8 - Sub-letting - Arbitration clause in lease deed - Eviction petition cannot be referred to Arbitrator - Where there is a special legislation, it has to prevail - Whenever any special enactment is made governing the right of different parties, this is bound to prevail. 2009(3) Civil Court Cases 044 (P&H)

 East Punjab Urban Rent Restriction Act, 1949, S.13(3)(a)(i)(a) - Bonafide requirement - Bonafides to be examined in the context of events that took place prior to the filing of the petition - Subsequent events cannot be discarded - Need of landlord must subsist till the final conclusion of the proceedings - Need of legal representatives that have been subsequently added, which do not find mention in the petition shall be examined afresh by a final court of appeal. 2009(3) Civil Court Cases 251 (P&H)

Electricity Act, 2003

 Electricity Act, 2003, S.126 - Electricity - Back billing demand - Provisional assessment order - Before final assessment order an opportunity of hearing must be given without which the order suffers from defect - Order passed without affording an opportunity of hearing set aside and authorities directed to dispose of matter in accordance with law after hearing petitioner. 2009(3) Civil Court Cases 111 (Karnataka)

Evidence Act, 1872

 Evidence Act, 1872, S.3 - Deposition of a witness - Court when considering deposition of a witness as to whether it is truthful or not may consider his conduct. 2009(3) Civil Court Cases 220 (S.C.)

 Evidence Act, 1872, Ss.22, 23 - Admission of document - No formal proof is required to prove the same. 2009(3) Civil Court Cases 241 (Delhi)

 Evidence Act, 1872, S.34, Bankers Books Evidence Act, 1891, S.4 - Money suit by bank - Loan sanctioned by bank - Entries of loan transaction taken in the ledger book - Copy of ledger certified by branch manager as per the Bankers book - Copies of ledger extracts corroborated by him - Loan transactions also corroborated - Held, bank duly proved the suit claim. 2009(3) Civil Court Cases 162 (Bombay)

 Evidence Act, 1872, S.45 - Handwriting expert - Opinion - Opinion expressed by a handwriting expert is not the final word - Parties can put forward their own objections for the conclusions arrived at by the expert - Court itself can examine it to satisfy itself about the accuracy of the opinion - Burden squarely rests upon the persons, relying upon such document, to prove the execution thereof, through the other oral and documentary evidence. 2009(3) Civil Court Cases 090 (A.P.)

 Evidence Act, 1872, S.58 - Admission in pleadings - Admissible against that party proprio vigore. 2009(3) Civil Court Cases 220 (S.C.)

 Evidence Act, 1872, S.73 - Disputed handwriting - Court is empowered to look into or confirm or verify the hand writing or the signatures when there is a dispute, with naked eye. 2009(3) Civil Court Cases 166 (Allahabad)

 Evidence Act, 1872, S.92 - True character of document when questioned then extrinsic evidence by way of oral evidence is admissible. 2009(3) Civil Court Cases 220 (S.C.)

 Evidence Act, 1872, Ss.101, 102, 103, Registration Act,1908, S.17 - Registered document - Genuineness of transaction - It is for the party questioning the genuineness of the transaction to show that in law the transaction was not valid. 2009(3) Civil Court Cases 037 (S.C.)

 Evidence Act, 1872, Ss.101, 102, 103, Transfer of Property Act, 1882, S.54 - Sale deed - Illiterate, pardanashin woman - Sale deed when executed by an illiterate, pardanashin woman then burden is on vendee to prove that the deed of sale was a genuine document. 2009(3) Civil Court Cases 022 (S.C.)

 Evidence Act, 1872, S.106 - Party not entering into witness box - An adverse inference has to be drawn against him. 2009(3) Civil Court Cases 220 (S.C.)

 Evidence Act, 1872, S.114, Registration Act, 1908, S.17 - Registered document - Carries a presumption that it was executed in accordance with law. 2009(3) Civil Court Cases 022 (S.C.)

 Evidence Act, 1872, S.114, Registration Act, 1908, S.17 - Registered document - Carries a presumption that it was validly executed. 2009(3) Civil Court Cases 037 (S.C.)

Haryana Urban (Control of Rent and Eviction) Act, 1973

 Haryana Urban (Control of Rent and Eviction) Act, 1973, S.9 - Civil amenities - First floor taken on rent 25 years ago - There was open latrine as there was no flush as sewerage and tape water facilities were not available - Later on said facilities available - Tenant allowed such facilities at his own cost. 2009(3) Civil Court Cases 051 (P&H)

 Haryana Urban (Control of Rent and Eviction) Act, 1973, S.13 - Landlord - Tenant admitting father to be his landlord cannot insist that his widow alone is the landlord even when she gives evidence in Court that it was her son, the petitioner, who is the owner of he property to whom the rent shall be tendered. 2009(3) Civil Court Cases 107 (P&H)

 Haryana Urban (Control of Rent and Eviction) Act, 1973, S.13(3)(a)(i) - Bonafide requirement - Eviction for establishing karyana business - Eviction cannot be refused on the ground that landlord has no experience - For karyana business no experience is required. 2009(3) Civil Court Cases 107 (P&H)

Hindu Marriage Act, 1955

 Hindu Marriage Act, 1955, S.9 - Restitution of conjugal rights - Petition by husband - Petition filed as a counter blast to the petition u/s 125 Cr.P.C. filed by wife - Wife made averments that husband was not happy on the birth of the male handicapped child and that husband wanted to throw the child into the dustbin or that he should be brought up by the parents of the wife - Husband in his deposition did not utter a word to deny those averments - Husband not able to prove that he made any sincere efforts to fetch wife from her natal house - Petition dismissed - Order upheld. 2009(3) Civil Court Cases 232 (P&H)

 Hindu Marriage Act, 1955, S.12 - Annulment of marriage on ground that marriage took place during subsistence of first marriage of wife - First husband not examined and also not shown that he had any reservation about his entering the witness box - Photographs of first marriage produced but there was no photograph of Phera ceremony - First marriage not proved - Petition by husband for annulment of marriage dismissed. 2009(3) Civil Court Cases 259 (P&H)

 Hindu Marriage Act, 1955, S.13 - Divorce - Non compliance of a decree for restitution of conjugal rights by wife - Nothing on record to show that wife was ever willing to live with the husband or that she was driven away by the husband - No reasonable excuse for wife not to return to matrimonial home - Decree of divorce in favour of husband affirmed - Permanent alimony to be paid on vacating and giving vacant and peaceful possession of husband's house. 2009(3) Civil Court Cases 257 (Calcutta) (DB)

 Hindu Marriage Act, 1955, S.13(1)(i) - Divorce - Adultery - Wife living in adultery with her husbands brother - Testimony of mother that her second son had illicit relations with appellant-wife and that this relationship was not acceptable to her as a result of which he committed suicide - No mother would defame her son particularly with such an allegation - Adultery proved - Decree of divorce upheld. 2009(3) Civil Court Cases 076 (P&H)

 Hindu Marriage Act, 1955, S.13-B - Divorce by mutual consent - Consent should continue from the date of presentation of the petition to the date of passing of the decree. 2009(3) Civil Court Cases 082 (S.C.)

 Hindu Marriage Act, 1955, S.13-B - Divorce by mutual consent - One of the parties absent after waiting period of six months - If a party is absent for two to three days, Court cannot presume his/her consent - Court has to be satisfied about the existence of mutual consent between the parties on some tangible materials which demonstrably disclose such consent. 2009(3) Civil Court Cases 082 (S.C.)

Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993

 Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, Ss.1, 3, 4, 5 & 10, Civil Procedure Code, 1908, S.34 - Suit pending when Interest on Delayed Payments Act came into force - Interest is to be allowed as per provision of S.34 CPC and not as per provisions of Interest on Delayed Payments Act. 2009(3) Civil Court Cases 269 (S.C.)

 Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, Ss.1, 3, 4, 5 & 10 - Act came into effect from 23.9.1992 - Act does not apply to transactions which took place prior to the aforesaid date. 2009(3) Civil Court Cases 269 (S.C.)

Limitation Act, 1963

 Limitation Act, 1963, S.5, Civil Procedure Code, 1908, O.9.R.9 - Restoration of suit dismissed in default - Delay - Can be condoned on the basis of averments made in the restoration application if the ground seeking setting aside exparte decree and condonation is one and the same. 2009(3) Civil Court Cases 178 (Delhi)

 Limitation Act, 1963, S.5 - Delay - Condonation - Court can condone delay even when an oral prayer is made for condonation of delay if there is material on record to show facts constituting sufficient cause for condonation of delay. 2009(3) Civil Court Cases 178 (Delhi)

 Limitation Act, 1963, Art.54 - 'Date' - Meaning - When date is fixed it means there is a definite date fixed for doing a particular act - Even the second part which refers 'when the plaintiff has notice that performance is refused' means that there is definite point of time - Held, both the parts refer to definite dates - There is no question of finding out an intention from other circumstances - Expression 'date' in the provision definitely is suggestive of a specified date in the calendar. 2009(3) Civil Court Cases 160 (S.C.)

 Limitation Act, 1963, Art.54 - 'Fixed' - Meaning - In essence means having final or crystallized form or character not subject to change or fluctuation. 2009(3) Civil Court Cases 160 (S.C.)

 Limitation Act, 1963, Art.59 - Cancellation of transaction on ground of void or voidable - Suit is governed by Art.59 of Limitation - Suit to be filed within a period of three years from the date of knowledge of the fact that transaction according to him was void or voidable. 2009(3) Civil Court Cases 037 (S.C.)

Marriage

 Marriage - Major girl above 18 years - Has a choice to marry anyone she likes - Parents if do not approve intercaste or inter-religion marriage can only cut off social relations with the daughter but cannot give threats or commit or instigate acts of violence and cannot harass the person, as, such acts would be unlawful. 2009(3) Civil Court Cases 206 (S.C.)

 Marriage - Major girl above 18 years - Marrying of her own choice - Parents of girl cannot give threats or commit or instigate acts of violence - In case couple feels insecure they can apply to police and in that event police shall grant protection to them. 2009(3) Civil Court Cases 206 (S.C.)

Mohammadan Law

 Mohammadan Law - Gift - Gift can be of property which is in possession of a lessee or a mortgagee - For effecting a valid gift, the delivery of constructive possession of the property to the donee would serve the purpose - Even a gift of a property in possession of trespasser is permissible in law provided the donor either obtains and gives possession of the property to the donee or does all that he can to put it within the power of the donee to obtain possession. 2009(3) Civil Court Cases 037 (S.C.)

 Mohammadan Law - Gift - If by reason of a valid gift the thing gifted has gone out of the donee's ownership, the same cannot be revoked. 2009(3) Civil Court Cases 037 (S.C.)

 Mohammadan Law - Gift - It is a contract which takes effect through offer and acceptance - Conditions to make a valid and complete gift under the Mohammadan Law are : (a) The donor should be sane and major and must be the owner of the property which he is gifting; (b) The thing gifted should be in existence at the time of hiba; (c) If the thing gifted is divisible, it should be separated and made distinct; (d) The thing gifted should be such property to benefit from which is lawful under the Shariat; (e) The thing gifted should not be accompanied by things not gifted; i.e. should be free from things which have not been gifted; (f) The thing gifted should come in the possession of the donee himself, or of his representative, guardian or executor. 2009(3) Civil Court Cases 037 (S.C.)

 Mohammadan Law - Gift - Transfer of constructive possession sub-serves the requirements of law. 2009(3) Civil Court Cases 037 (S.C.)

Negotiable Instruments Act, 1881

 Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Bank dishonoured cheque on ground that it is reported lost by the drawer - Not an offence within meaning of S.138 of the Act - Penal provision of S.138 of the Act is attracted when such dishonour is (i) because the amount of money standing to the credit of that account is insufficient to honour the cheque, or (ii) it exceeds the amount arranged to be paid from that account by an agreement made with that Bank. 2009(3) Civil Court Cases 001 (S.C.)

 Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Cheque issued towards payment of amount due under a promissory note - Without proving execution of promissory note and the consideration for it, an offence u/s 138 of the Act is not made out. 2009(3) Civil Court Cases 265 (Kerala)

 Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Cheque presented and dishonoured by Co-operative Society carrying on banking business - Plea that it is not presented to a bank - Co-operative society carrying on banking business is a 'Bank' within the meaning of S.3 of Negotiable Instruments Act. 2009(3) Civil Court Cases 144 (Karnataka)

 Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Compromise during pendency of revision against conviction - Parties compromised - Loan amount repaid - Complainant waived compensation amount imposed by trial Court - In view of compromise accused acquitted granting him exemption from surrendering. 2009(3) Civil Court Cases 169 (Jharkhand)

 Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Court while exercising its jurisdiction for taking cognizance of an offence is required to consider only the allegations made in the complaint and the evidence of the complainant and his witnesses. 2009(3) Civil Court Cases 001 (S.C.)

 Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Jurisdiction - Objection as to - Has to be taken at the earliest point of time and not after conviction is entered. 2009(3) Civil Court Cases 247 (Kerala)

 Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Jurisdiction - Place from where notice is issued in writing to the drawer of the cheque demanding payment of the cheque amount also is a place where part of cause of action arises. 2009(3) Civil Court Cases 247 (Kerala)

 Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Partnership firm - Only the power of attorney, agent or a person authroised in writing by the payee or holder in due course of the cheque, is a competent person to present the complaint - Demand notice issued and complaint filed by a person describing himself as proprietor of firm, when in fact he is only its Manager - Complaint dismissed - Fact that accused had admitted his liability not a ground to allow application belatedly made for rectifying cause title to show firm as complainant. 2009(3) Civil Court Cases 182 (Karnataka)

 Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.205 - Dishonour of cheque - Personal appearance of accused already exempted - His statement u/s 313 Cr.P.C. can be recorded by giving questionnaire to his advocate without insisting on his personal appearance. 2009(3) Civil Court Cases 238 (Calcutta)

 Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.427 - Dishonour of three cheques - Accused convicted in all the three complaints - High Court ordered the sentences to run concurrently in all the three cases - Order upheld. 2009(3) Civil Court Cases 249 (S.C.)

 Negotiable Instruments Act, 1881, S.138, Legal Services Authorities Act, 1987, Ss.20, 21, Civil Procedure Code, 1908, O.21.R.1 - Dishonour of cheque - Complaint transferred to Lok Adalat - Compromise by parties - Award of Rs.4 lacs passed - Such an award is a decree and same is executable under CPC - Execution - Pecuniary jurisdiction of Court restricted to Rs.1 lac - Held, execution petition is not liable to be dismissed as it will frustrate the whole object of settlement and the award under the act. 2009(3) Civil Court Cases 101 (Bombay)

 Negotiable Instruments Act, 1881, S.138, Legal Services Authorities Act, 1987, Ss.20, 21 - Dishonour of cheque - Complaint - Transferred to Lok Adalat - Compromise by parties - Lok Adalat passed an award for Rs.4 lacs - Such an award is a decree - The same is executable under Civil Procedure Code. 2009(3) Civil Court Cases 101 (Bombay)

 Negotiable Instruments Act, 1881, S.138(b) - Dishonour of cheque - Notice - Mere intimation of dishonour of cheque is not sufficient compliance with S.138(b) of the Act. 2009(3) Civil Court Cases 153 (Kerala)

Registration Act, 1908

 Registration Act, 1908, S.17 - Registration - Suit filed in respect of property 'A' - Decree in respect of immovable property 'B' which is not subject matter of suit - Whether registration is required even when there is pre-existing right in such property - Question referred to a larger bench. 2009(3) Civil Court Cases 210 (S.C.)

 Registration Act, 1908, Ss.17, 49 - Unregistered deed which is otherwise required in law to be registered - Possession under the instrument if admitted fact, the proof of character of possession may be a collateral purpose to which the unregistered instrument could supply the need for proof - However, if the possession to the property itself is not under the instrument but could be proved to be independent of the same, then the unregistered document cannot be relied upon to prove any of the recitals/terms of the documents. 2009(3) Civil Court Cases 019 (P&H)

 Registration Act, 1908, S.18 - No penal consequences are prescribed for non registration of documents mentioned in S.18 of the Act. 2009(3) Civil Court Cases 065 (Allahabad)

 Registration Act, 1908, S.18 - Will - Registration is not compulsory. 2009(3) Civil Court Cases 065 (Allahabad)

 Registration Act, 1908, S.32-A - Provision of S.32-A of the Act cannot be pressed into service when one or all of the executants refuse to co-operate in the registration. 2009(3) Civil Court Cases 133 (A.P.)

 Registration Act, 1908, S.35 - Execution - Mere denial by some of the parties - Does not render the document unworthy of registration. 2009(3) Civil Court Cases 133 (A.P.)

 Registration Act, 1908, Ss.40, 41 - Will - Registration after death of testator - Three conditions must be satisfied viz. (i) Execution of the 'Will' by the testator; (ii) Death of the testator; and (iii) The person presenting the 'Will' for registration is entitled to present the same. 2009(3) Civil Court Cases 065 (Allahabad)

 Registration Act, 1908, Ss.40 & 41 - Will - Registration - Act contains separate special provisions under Ss.40 & 41 of the Act. 2009(3) Civil Court Cases 065 (Allahabad)

 Registration Act, 1908, S.73 - Registrar is required to enquire into whether the document has been executed and whether the requirements of law have been complied with - Once the executant admits his signature on the document, it constitutes admission of execution - In case the executant seeks to impeach the validity of the document, sought to be registered, he is entitled to invoke the jurisdiction of the competent Civil Court for an appropriate relief. 2009(3) Civil Court Cases 133 (A.P.)

 Registration Act, 1908, S.77 - Will - Registration of - Basically a matter between the presenter and the registering authority - No other person is legally entitled to object to its registration. 2009(3) Civil Court Cases 065 (Allahabad)

 Registration Act, 1908, Ss.77, 17 & 18 - Provision of S.77 of the Act providing for a suit for a decree directing for the registration of documents is confined only to documents which are set out for compulsory registration u/s 17 of the Act and not to any other document covered by S.18 of the Act. 2009(3) Civil Court Cases 065 (Allahabad)

 Registration Act, 1908, S.88 - Suit for a decree directing to register a 'Will' is not maintainable. 2009(3) Civil Court Cases 065 (Allahabad)

Right to Information Act, 2005

 Right to Information Act, 2005, Ss.2(a), (h) & S.3 - Term 'Funds provided by appropriate Government' - Takes within its sweep all funds provided by appropriate Government either from its own bag or funds which reaches societies through appropriate Govt. or with its occurrence or clearance. 2009(3) Civil Court Cases 273 (Kerala)

 Right to Information Act, 2005, S.2(h), Kerala Co-operative Societies Act, 1969 - Co-operative society - Registered under the KCS Act is a public authority for the purpose of RTI Act and is bound to act in conformity with the obligations in Chapter II of the Act. 2009(3) Civil Court Cases 273 (Kerala)

 Right to Information Act, 2005, S.2(h) - Public authority - Any body owned or controlled by the appropriate Government and any body substantially financed by funds provided by the appropriate government as also any non-government organisation substantially financed by funds provided by the appropriate Government would fall within the inclusive limb of the definition of public authority in Section 2(h) of the RTI Act. 2009(3) Civil Court Cases 273 (Kerala)

 Right to Information Act, 2005, S.3 - Functioning of Govt. - Disclosure of information - Must be the rule and secrecy an exception - Right to information and right of access to information are species of fundamental rights referable to freedom of speech, enumerated in Constitution as a fundamental right. 2009(3) Civil Court Cases 273 (Kerala)

 Right to Information Act, 2005, S.19(8)(b) - Compensation - Award of Rs.15,000/- as compensation - From the findings of the impugned order it is not clear whether compensation is awarded for loss or detriment caused for failure to comply with the Act or compensation is awarded for general failure to maintain true and correct records that has caused loss or other detriment - An interpretation has to be given before awarding compensation - Impugned order set aside - Matter remitted back for decision afresh in accordance with law. 2009(3) Civil Court Cases 253 (Delhi)

Telegraph Act, 1885

 Telegraph Act, 1885, Ss.10, 18, Electricity Act, 1910, S.51 - Drawing of electric line - Compensation - Fruit bearing trees - Compensation has to be determined on yield basis - Matter remitted for decision afresh. 2009(3) Civil Court Cases 218 (S.C.)

Transfer of Property Act, 1882

 Transfer of Property Act, 1882, S.54, Evidence Act, 1872, Ss.101, 103 - Sale deed - Registered - Onus is on the party who contends that sale deed was, in fact, not executed or otherwise does not reflect the true nature of transaction. 2009(3) Civil Court Cases 220 (S.C.)

 Transfer of Property Act, 1882, S.54 - Sale deed or a money lending transaction - Sale deed must be construed in its entirety - On reading the sale deed in its entirety, no doubt whatsoever that it was a deed of sale - Held, the deed was a sale deed and not a money lending transaction. 2009(3) Civil Court Cases 220 (S.C.)

 Transfer of Property Act, 1882, S.54 - Sale deed registered - Carries a presumption that the transaction was a genuine one. 2009(3) Civil Court Cases 220 (S.C.)

 Transfer of Property Act, 1882, S.54 - Sale deed - As soon as sale deed is registered title passes to the vendee - The vendor in terms of the stipulations made in the deed of sale is bound to deliver possession of the property sold - If he does not do so, he makes himself liable for damages - Registered sale deed carries a presumption that transaction was genuine one. 2009(3) Civil Court Cases 220 (S.C.)

 Transfer of Property Act, 1882, S.58(c), Civil Procedure Code, 1908, O.34.R.7(2), Limitation Act, 1963, Art.137 - Mortgage by conditional sale - Redemption of mortgage - Preliminary decree - Amount not deposited within stipulated time - Held, it is not open to Court to grant leave to plaintiff to deposit the amount even after period stipulated in the decree had expired. 2009(3) Civil Court Cases 096 (Bombay)

 Transfer of Property Act, 1882, S.108(f), Delhi Rent Control Act, 1958, Ss.6 & 7 - Repairs and improvements - Tenant carried out repairs and making improvements in the building at his own cost - Landlord is entitled to claim enhanced rent as per provisions of Rent Act. 2009(3) Civil Court Cases 026 (Delhi) (DB)

 Transfer of Property Act, 1882, S.108(f), Delhi Rent Control Act, 1958, S.44(4) - Repairs - Tenant cannot recover the amount from the landlord where without obtaining the previous consent of the Rent Controller the necessary work was done. 2009(3) Civil Court Cases 026 (Delhi) (DB)

 Transfer of Property Act, 1882, Ss.122, 123 - Gift - Becomes complete when a person transfers with immediate effect the ownership of his movable or immovable property to another person, and that other person himself or someone else with his consent takes possession of the property gifted. 2009(3) Civil Court Cases 037 (S.C.)

Will

 Will - Mental condition - Testator's mental condition both prior and later to the date of execution of Will is relevant. 2009(3) Civil Court Cases 122 (S.C.)

Words and Phrases

 Words and Phrases - Semicolon - Primary intention of semicolon is to indicate a discontinuity of grammatical construction greater than that indicated by a comma but less than that indicated by a full stop. 2009(3) Civil Court Cases 273 (Kerala)