Notes
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RELIEF OF "CANCELLATION" IN SPECIFIC RELIEF ACT 1963
31. When cancellation may be ordered.—(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.
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RELIEF OF "DECLARATION" IN SPECIFIC RELIEF ACT 1963
34. Discretion of court as to declaration of status or right.—Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:
Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
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PERMENANT / PERPETUAL INJUNCTION - Section 37(2) of Specific Relief Act, 1963
37. Temporary and perpetual injunctions.—(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908).
(2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.
39. Mandatory injunctions.—When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.
CPC PROVISIONS
https://lawinreal.blogspot.com/2023/01/civil-procedure-code-important.html
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Sec .313 and Sec. 315 of Code of Criminal Procedure Code,1973
Provisions of Section 313 CrPC enables the accused to offer his explanation to evidence adduced against him by the prosecution whereas provisions of 315 enable the accused to adduce evidence in his favour.
DIFFERENCES
Sec. 313 of CrPC Sec. 351 of BNSS | Sec. 315 of CrPC Sec. 353 of BNSS |
Power to Examine the Accused | Accused Person To be competent Witness |
By the Court | By the Accused |
Duty of court to give chance to the accused to offer his explanation | Accused holds the duty to offer his explanation as a witness |
No oath shall be required under this provision | Oath shall be required under this provision |
Statement of accused not constituted as evidence under Sec. 3 of Indian Evidence Act,1872 as there is no oath. | Statement of accused constituted as evidence under Sec. 3 of Indian evidence Act,1872. |
Relevant for examining the veracity of the prosecution case or judgement. | Considered as an evidence for the Defence of the Accused or any person charged together with him at the same trial. |
Application is not required in this provision. The court may at any stage can ask questions to the accused without any previous warning. | Accused shall not be called as a witness except on his own request in writing. |
Accused is asked to explain himself on court’s discretion but may not be as Witness | Any person accused of an offence before a Criminal Court shall be a competent witness for the defence. |
The accused shall not render himself liable to punishment by refusing to answer such questions or by giving false statements. | Failure of such person to give evidence shall not be made the subject of any comment or rise to any presumption against the accused or any other person proceeded against together with him at the same inquiry except under Sec.98 (101 BNSS - minor and spouse are excluded), 107 (126 BNSS- Security for keeping the peace in other cases) or under Chapter IX or under Part B, Part C or Part D of Chapter X |
BNSS Sec 348: (CrPC 311): Power to summon material witness, or examine person present.
Any Court may, at any stage of any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or re-call and re-examine any person already examined; and the Court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case
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NORTH DELHI - ROHINI COURT
NORTH WEST DELLHI - ROHINI COURT
SHAHADRA - KARKARDOOMA COURT
NORTH EAST DELHI - KARKARDOOMA COURT
EAST DELHI - KARKARDOOMA COURT
WEST DELHI - TIS HAZARI COURT
CENTRAL DELHI - ROUSE AVENUE COURT
NEW DELHI - PATIALA HOUSE COURT
SOUTH WEST DELHI - DWARKA COURT
SOUTH EAST DELHI - SAKET COURT
SOUTH DELHI - SAKET COURT
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Dwarka (West) at Sec. 23 –
Sec. 19 to 23 and Pochanpur, Amberhai, Bharthal and Dul Siras villages
Dwarka North at Sec. 16 B –
3,4,12,13,14,15,16,17,18 and Kakrola Village
Dwarka (South) at Sec. 9 –
Sector 1,2,5,6,7,8,9,10,11 and Bagdola village
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The Supreme Court recently in case of Sukhpal Singh v. NCT of Delhi ruled that if prosecution witnesses cannot be located and brought to the witness box to testify during trial after the accused has been arrested, their statements recorded in the absence of the accused can be regarded as substantive evidence if it is according to Section 299 of the Criminal Procedure Code, 1973 (CrPC)
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(1) The Court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or additional issues as may be necessary for determining the matters in controversy between the parties shall be so made or framed.
(2) The Court may also, at any time before passing a decree, strike out any issues that appear to it to be wrongly framed or introduced.]
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PROBATE
A copy of the Will that has been certified with the court seal is known as probate. According to Section 222 of the Indian Succession Act, 1922, only Will's executor may receive probate
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A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908)
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LIS PENDENCE
Section 52 of the Transfer of Property Act, 1882, also known as the doctrine of lis pendens, prevents the transfer of property during a legal dispute:
The doctrine of lis pendens is based on the principle of "ut lite pendente nihil innovetur", which means "pending litigation nothing new should be introduced"
The purpose of Section 52 is to maintain the status quo of a disputed property, and to ensure that any transactions involving the property are subject to the final court judgment
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SHEBAIT / DHARMKARTA
The manager of the Devasthan is known as Shebait in Northern India and as Dharmkarta in the South.
A Shebait is one who serves and sustains the deity in the capacity of a manager of the debuttar property ( property vested with the deity).The property of the temple is regarded as vesting with the deity. However, it is in an ideal sense that the dedicated property vests in an idol, and in the nature of things, the possession and management of it must be entrusted to some
The Supreme Court has held in Prafulla Charan v. Satya Charan, that the property dedicated to an idol vest in it, is an ideal sense only; ex-necessities, the possession and management has to be entrusted to some human agent, called Shebait in the North. The legal character of Shebait cannot be defined with precision and exactituted. Broadly described he is the human ministrant and custodian of the idol as its earthly spokesman, its authorised representative entitled to deal with all its temporal affairs and manage its property
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VALUATION OF SUIT
For declaration, the suit is valued at Rs. 200/- and for the reliefs of injunctions, the suit is valued at Rs. 130/-. Since the two injunctions have been claimed, one of perpetual injunction and another of mandatory injunction, court fee of Rs. 26/- (Rs. 13/- plus Rs. 13/-) would be payable. On the relief of declaration, court fee of Rs. 20/- had to be paid,
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PERMENANT / PERPETUAL INJUNCTION - Section 37(2) of Specific Relief Act, 1963
37. Temporary and perpetual injunctions.—(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908).
(2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.
39. Mandatory injunctions.—When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.
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(FAO) First Appeal from Order filed against Order of ADJ-4 against Application under Order XXXIX Rule 1 & 2
Appeal under Order XLIII r/w section 104 of Code of Civil Procedure 1908 against the order dated 07.02.2024 passed by the Shri. Sumit Dalal, Ld. Additional District Judge-04, Dwarka Court, Delhi in CS DJ ADJ / 438/2023 along with Affidavit
FAO 100/2024 [Delhi High Court]
Index:
1 Urgent Application
2 Consolidated Court Fee
3 Memo of Parties
4 Opening Sheet
5 Synopsis & List of Dates and Events
6 Appeal under Order XLIII r/w section 104 of Code of Civil Procedure 1908 against the order dated 07.02.2024 passed by the Shri. Sumit Dalal, Ld. Additional District Judge-04, Dwarka Court, Delhi in CS DJ ADJ / 438/2023 along with Affidavit
7 Annexures – A-1: Certified copy of impugned order dated 07.02.2024 passed by Shri. Sumit Dalal, Additional District Judge-04, South West Delhi, Dwarka, New Delhi in Civil Suit No. CS DJ ADJ/438/2023
8 Annexures – A-2 (Colly): Copies of Photos of Suit property and main building and Site Plan of Suit Property
9 Annexures – A-3 (Colly): Copies of GPA, WILL and Agreement to Sell and purchase executed in the name of Respondents 1 & 2 along with Typed version of illegible pages of Annexures –A-3 from pages 61 to 70
10 Annexures – A-4 (Colly): Copies of Sale deeds in the name of Appellants no: 1, 2 & 3
11 Annexures – A-5: Certified copy of the Plaint bearing suit number CS DJ ADJ/438/2023
12 Annexures – A-6: Certified copy of Application under Order XXXIX Rule 1 & 2 of CPC filed by Appellants.
13 Annexures – A-7: Written Statement filed by Respondent / Defendant no:1
14 Annexures – A-8: Replication filed by Appellants/ Plaintiffs against W.S of Respondent no:1
15 ANNEXURE - A-9 Certified copy of Reply to Application under Order XXXIX Rule 1 & 2 of CPC filed by Respondent / Defendant no:1
16 ANNEXURE A-10 (Colly) Certified copies of the various orders dated from 27.09.2023 to 05.02.2023
17 Application for Stay under Order XLI Rule 5 R/W Section 151 of CPC along with Affidavit.
18 Application for exemption from filing certified copies of the Annexures along with Affidavit
19 Vakalatnama
20 Proof of Service along with Affidavit
