what is the effect of not filing the copy of the decree along with the execution application filed by the appellant.

what is the effect of not filing the copy of the decree along with the execution application filed by the appellant. In our view, even though the appellant did not file the certified copy of the decree along with the execution application for the reason that the same was not passed by the Court, yet… Read More what is the effect of not filing the copy of the decree along with the execution application filed by the appellant.

Land Acquistion cases – Small chunk Land/Large Chunk Land for granting compensation – appreciation of evidence

Land Acquistion cases – Small chunk Land/Large Chunk Land for granting compensation – appreciation of evidence. On the other hand, learned counsel for the respondent (State) placed reliance on the sale deed 9 dated 14.02.1994 (EX­141) and contended that if the price mentioned in this sale deed is relied on then it is amply clear… Read More Land Acquistion cases – Small chunk Land/Large Chunk Land for granting compensation – appreciation of evidence

Or. 9 rule 13 of CPC – set aside exparte decree -Litigation should not be terminated by default – adjudication be done on merits.

Or. 9 rule 13 of CPC – set aside exparte decree -Litigation should not be terminated by default –  adjudication be done on merits. 8. Ordinarily, a litigation is based on adjudication on the merits of the contentions of the parties. Litigation should not be terminated by default, either of the plaintiff or the defendant. The… Read More Or. 9 rule 13 of CPC – set aside exparte decree -Litigation should not be terminated by default – adjudication be done on merits.

Whether for remanding the accused (appellant), Section 167(2) Cr.P.C. could have been resorted to by the Special Judge or remand could have been done only under Section 309(2) Cr.P.C.whether Section 309(2) of the Code stands in the way of a Court, which has taken cognizance of an offence, to authorise the detention of a person, who is subsequently brought before it by the police under arrest during further investigation, in police custody in exercise of its power under Section 167 of the Code.

Whether for remanding the accused (appellant), Section 167(2) Cr.P.C. could have been resorted to by the Special Judge or remand could have been done only under Section 309(2) Cr.P.C. whether Section 309(2) of the Code stands in the way of a Court, which has taken cognizance of an offence, to authorise the detention of a… Read More Whether for remanding the accused (appellant), Section 167(2) Cr.P.C. could have been resorted to by the Special Judge or remand could have been done only under Section 309(2) Cr.P.C.whether Section 309(2) of the Code stands in the way of a Court, which has taken cognizance of an offence, to authorise the detention of a person, who is subsequently brought before it by the police under arrest during further investigation, in police custody in exercise of its power under Section 167 of the Code.

in the absence of the counsel for the appellant-accused, the High Court should not have decided the appeal on merits and prayed for remitting the matter to the High Court for fresh consideration on merits.

K.S. Panduranga vs. State of Karnataka (2013) 3 SCC 721 and submitted that in the absence of the counsel for the appellant-accused, the High Court should not have decided the appeal on merits and prayed for remitting the matter to the High Court for fresh consideration on merits. 3 The respondent-complainant though served, has not… Read More in the absence of the counsel for the appellant-accused, the High Court should not have decided the appeal on merits and prayed for remitting the matter to the High Court for fresh consideration on merits.

for relinquishment of share – circumstance can be taken in to considered in the absence of specific relinquishment deed

for relinquishment of share – circumstance can be taken in to considered in the absence of specific relinquishment deed It is submitted that the High Court has materially erred in not accepting the same on the ground that there is no Deed of 9 Relinquishment executed by Triza Kalyani John @ A.S. Meenakshi and as such the Deed of Relinquishment is required to be registered.  we are of the view that the High Court has completely erred in holding that the plaintiffs would   have   1/4th  share   in   the   suit   property   being  the   heirs   of deceased Triza Kalyani John @ Meenakshi –the daughter of John D.Abraham.  It was the specific case on behalf of defendant nos. 1 & 2that at the time of marriage of Triza Kalyani John @ Meenakshi withoriginal plaintiff no.1, she converted to Hinduism and her name was changed to A.S. Meenakshi.   It was the specific case on behalf of  defendant nos. 1 & 2 that at the relevant time when the said Triza Kalyani John @ Meenakshi had married to original plaintiff no.1 and converted to Hinduism, there was opposition.   However, despite the same,… Read More for relinquishment of share – circumstance can be taken in to considered in the absence of specific relinquishment deed