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Vijiaraghava Pillai Vs. Ponnammal and ors.

Court : Chennai

Reported in : AIR1932Mad120; (1932)62MLJ131

..... and we must remember, as has often been pointed out, that the right of a widow to surrender her interest in her husband's estate to the next reversioner depends upon judicial decisions, and courts in adopting and approving and enforcing the results of such surrenders have felt it necessary to guard against this development of the law being put to fraudulent uses. ..... but the re-marriage of hindu widows and its incidents are matters of custom or of legislation; and the courts have no power to restrict such rights of re-marrirge or the incidents of re-marriage or to qualify them in any way. ..... there is no question that, so far as this court is concerned, it is well settled that a widow cannot alienate her interest in her husband's estate and then defeat that alienation by surrendering her interest in the estate to the next reversioner--sub-bamma v. ..... there was a second appeal to this court, which was disposed of by odgers, j. ..... a bench of this court in mutku naicken v. ..... it is necessary that courts should not allow a development of the law to which they have given countenance to be turned into an instrument of fraud. .....

Mehar Singh Manhas Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : 2007(2)ShimLC212

..... in appeal against a punishment imposed in the disciplinary proceedings will not normally substitute its own conclusion on- penalty, however, if the punishment imposed by the disciplinary authority or the appellate authority shocks the conscience of the court, then the court would appropriately mould the relief either by directing the disciplinary/appropriate authority to reconsider the penalty imposed or to shorten the litigation it may make an exception in rare cases and impose appropriate punishment with cogent reasons ..... : (2003)iiillj823sc , that if the punishment imposed by disciplinary authority shocks judicial conscience, court can mould the relief. ..... sood submitted that what the petitioner has told as per the summary of evidence and the proceedings of the summary court martial is that 'main yahan par roti todne ke liye nahi hun aur main to operation par jaunga'. mr. ..... the appellate authority, when the rules require application of mind on several factors and serious contentions have been raised, was bound to assign reasons so as to enable the writ court to ascertain as to whether he had applied his mind to the relevant factors which the statute requires him to do. ..... kapil dev sood has submitted that the recording of the summary of evidence as well as constitution of the summary court martial was not in accordance with the army act, 1950 and the rules framed thereunder. mr. .....

A.Shanmugamvs. Ariya K.R.K.M.N.P.Sangam.

Court : Supreme Court of India

Reported in : AIR2012SC2010

..... no.19 of 2008 on the file of the additional district judge, tiruvannamalai and the decision of the trial court was reversed in appeal resulting in the dismissal of the suit filed by the respondent-society. ..... the high court by a detailed reasoning, set aside the judgment of the first appellate court and held that the first appellate court was not justified in reversing the judgments passed by the trial court in both the abovementioned suits, o.s ..... the first appellate court reversed the judgment of the trial court and held that the appellant was entitled to the relief of injunction because of his long possession of the suit property ..... no.1973 of 2002 before the high court of madras against the said judgment of the additional district judge.6 ..... the trial court also came to a definite conclusion that the appellant has concealed certain vital facts and has not approached the court with clean hands and consequently, he is not entitled to the grant of discretionary relief of injunction.15 ..... the trial court relied on a judgment of the madras high court reported in alagi alamelu achi v ..... 2 of adverse possession, the trial court found that the appellants father was employed by the respondent-society as a watchman on a petty monthly salary and in that capacity he was allowed to stay in the suit property ..... by this judgment, the respondent- society filed a second appeal before the high court which was allowed. ..... 1923 of 2002 against the judgment and decree of the court of the district munsif in o.s. no. .....

Hardip Kaur Vs. Kailash and Another

Court : Delhi

..... vide order dated 19th january, 2005, the learned trial court held that the suit be continued against defendants no.2 and 3 since defendant no.1 claimed no right, title and interest in the suit property and defendant nos.2 and 3, intermeddling with the estate of the deceased, are the ..... the plaintiff appeared in the witness box before the learned trial court as pw-1 and reiterated the averments made in the plaint. ..... all the aforesaid documents were admitted by the plaintiff before the learned trial court and were exhibited as ex.pw1/d2/1 to ex.pw1/d2/5 and ex.d-1. ..... all the aforesaid documents have been proved by defendants no.2 and 3 before the learned trial court and are ex.dw1/1 to ex.dw1/8. 7. ..... whether the suit has not been property valued for the purpose of court fees and jurisdiction? 3. ..... the trial court has dismissed the appellant's suit for possession and mesne profits relating to property bearing no.e-318, east of kailash, new delhi which is under challenge in this appeal. ..... on 24th july, 1997, the following issues were framed by the learned trial court:- 1. ..... defendant no.1 died during the proceedings before the learned trial court. .....

Vidya Mahankali Rao Vs. Sandeep Dutt and Another

Court : Punjab and Haryana

..... according to the principles of justice, equity and good conscience, courts are not justified in protecting the possession of a watchman, caretaker or servant who was only allowed to live into the premises to look after ..... sandeep sethi 2014.01.23 10:29 i attest to the accuracy and integrity of this document cr no.1864 of 2013 (o&m) -4- learned trial court while dismissing the application has observed as under:- in the present case counsel for the plaintiff has sought a decree of mandatory injunction on the ground of admission in para no.2 of the suit wherein the ..... no.1 and to take forcible possession thereof and being aggrieved by the illegal conduct of the plaintiff, the defendant no.1 filed a suit titled sandeep dut versus vidya mahalkali rao in which the hon'ble court was pleased enough to allow the injunction application of the present defendant no.1. ..... the reasons given by the trial court while dismissing the application under order 12 rule 6 ..... cr no.1864 of 2013 (o&m) -1- in the high court of punjab and haryana at chandigarh (237) cr no.1864 of 2013 (o&m) date of decision:17.01.2014 vidya mahankali rao ......petitioner versus sandeep dutt and another .......respondents coram: hon'ble mrs.justice sabina present: ..... the protection of the court can only be granted or extended to the person who has valid, subsisting rent sandeep sethi 2014.01.23 10:29 i attest to the accuracy and integrity of this document cr no.1864 of 2013 (o&m) -3- agreement, lease agreement or license agreement in .....

K.S. Kathuria Vs. State Bank of Patiala and ors.

Court : Delhi

..... admitting to the guilt by the workman, industrial tribunal set aside the punishment on the ground that the enquiry officer had no evidence except the hearsay evidence and the learned single judge of the high court set aside the findings of the tribunal but the division bench of the high ..... first is the judgment of the supreme court in the case of delhi transport corporation vs. ..... so far as the division bench judgment of this court in the case of engg. ..... so far as the judgment of the gujarat high court in the case of natavarbhai s. ..... (1985) (ii) llj296guj and third is the judgment of a division bench of this court in the case of engg. ..... second is the judgment of the gujarat high court in the case of natavarbhai s. ..... * in the high court of delhi at new delhi + w.p. ..... supreme court set aside the judgment of the division bench and in fact observed in para 7 of the judgment relied upon that it is a settled position of law that admission is the best piece of evidence against the person making admission. ..... shyam lal air2004supreme court 4271. ..... instance and which was to be in the representation of the petitioner dated 19.1.2000, but the petitioner made the averments which are made in para 18 of the writ petition only for the first time before this court. .....

Shri R.L. Sahi Vs. Syndicate Bank and Ors.

Court : Delhi

* in the high court of delhi at new delhi + w.p. .....

Nar Singh Dass Gupta Vs. Shri Lal Man and Others

Court : Delhi

..... regular first appeal filed under section 96 of the code of civil procedure, 1908 (cpc) impugns the judgment and decree of the trial court dated 10.8.1998 dismissing the suit of the appellant/plaintiff filed for possession and mesne profits with respect to the suit property bearing no. ..... the findings of the trial court of the appellant/plaintiff not being the owner is clearly erroneous moreso because the respondents/defendants failed to file even a single document to establish as to how the suit property belonged to gaon sabha if at all, or how ..... completion of pleadings, the trial court framed the following issues:- 1. ..... in my opinion, the trial court has completely misdirected itself in dismissing the suit for possession and mesne profits filed by the appellant ..... the trial court has gravely erred in holding that the appellant/plaintiff is not the owner of the suit property, although, the sale deeds ex.pw1/1 and ex.pw1/5 were proved in accordance ..... before this court, arguments have been centered around the issue as to whether the appellant/plaintiff is or is not the owner of the ..... whether proper court fee has not been paid on ..... trial court also holds that since the mutation of the property was applied for but not pursued, this shows that the appellant/plaintiff was not ..... trial court by the impugned judgment has held that the appellant/plaintiff has failed to prove his ownership of the suit property inasmuch as the appellant/plaintiff had failed to prove the sale deed ex.pw1/5 executed .....

Vasant Nature Cure Hospital and Pratibha Maternity Hosp. Trust and Oth ...

Court : Gujarat

..... 67 of 1988 before the lower appellate court raising various contentions including the contention that defendant no.1 did not hold the suit property on the basis of leave and licence but he having incurred expenses in the suit premises, licence was irrevocable license; ..... heirs of defendant no.1 challenged the judgment and decree passed by the trial court by filing the regular civil appeal no. ..... no.1 could be said to have held irrevocable licence and such licence could be terminated only by giving one month notice and no such notice was given and, therefore, the judgment and decree passed by the trial court was required to be set aside. ..... in the said suit, the court had given interim protection to the defendant no.1 only for the room wherein defendant no.1 was residing but refused to grant any interim protection for extra space over, that in the said suit, the plaintiffs ..... the trial court answered issues as under: (a) in the affirmative. ..... (k) whether the court fees paid is inadequate? ..... (j) whether the court has no jurisdiction to try the said? ..... defendant no.1 had also stated in his written statement that his services were illegally terminated by the plaintiffs for which he had already filed application before the labour court. .....

Mewar Railway Stall and Trolly Con.San Vs. Union of India and anr

Court : Rajasthan Jodhpur

..... is suppression of material facts on the part of the applicant or twisted facts have been placed before the court, the writ court may refuse to entertain the petition and dismiss it without entering into merits of the matter. ..... (air1968sc111, wherein while examining the true purport of order 23 rule 1 sub-rule (1) of cpc, hon ble apex court held as under: in any case, we do not think that any defendant in a suit for rendition of accounts can insist that the plaintiff must be compelled to proceed with the suit at such a stage as the one at ..... for substantiating his contentions, mr.dave has also placed reliance on the order passed by this court on 7th of april 2014 whereby application under order 1 rule 10 cpc laid on behalf of petitioner was rejected while deploring the conduct ..... senior advocate for the petitioner, has submitted that petitioner is well within his right to seek permission of the court to withdraw the writ petition and therefore permission be granted for withdrawal [3].of the writ petition. ..... for the petitioner wants to withdraw this writ petition but learned counsel appearing on behalf of respondent vehemently opposed the prayer and submits that there is fining of misleading this court in the order dated 07.04.2014 therefore, petitioner is not entitled for any relief prayed for. ..... no candid disclosure of relevant and material facts or the petitioner is guilty of misleading the court, his petition may be dismissed at the threshold without considering the merits of the claim. .....