APEX COURT DIGEST - Jan.2017 [5]

Election petition -  The  appellant  lost  election  from  Bhattiyat  Assembly  Constituency   of Himachal Pradesh Legislative Assembly held  in  2012  by  a  margin  of  111votes. He filed an election petition mainly on  the  grounds  under  Section 100(1)(d)(iii) of the Act -  Exercise of dual right of franchise by a voter and discrepancy between  the EVM record and the record maintained in Form 17-A at polling station  No.92-Kamla; - Improper reception of 30 postal ballot papers; and Discrepancy regarding 100 postal ballot papers-whether 597 or 697?” - issues framed - “2)   Whether the election petition is liable to be dismissed in limine  for lack of material facts and particulars, as alleged? 3)    Whether the election petition is not  maintainable  for  want  of  any cause of action, as alleged?” - High Court dismissed election petition on  preliminary issues under Or.14, rule 2 of C.P.C. - Apex court held that  High court committed a  grave error by considering the explanations offered in the replies  filed  by  the respondents. - further  held that After  the  1976 amendment, the scope of a preliminary issue under Order  XIV  Rule  2(2)  is limited only to two areas, one is jurisdiction of the court, and the  other, bar to the suit as created by any law for  the  time  being  in  force -Apex court further held thatThe court  exercised  its jurisdiction only under Section 83(1)(a) of the  Act  read  with  Order  VII Rule 11(a) of the Code. Since the scope of the enquiry at that stage has  to
be limited only to the pleadings  of  the  plaintiff,  neither  the  written statement nor the averments,  if  any,  filed  by  the  opposite  party  for rejection under Order VII Rule 11(a) of the Code or any other  pleadings  of the respondents can be considered for that purpose. -  Merely because it is a trial on preliminary issues at  the  stage of Order XIV, the scope does not change or expand.-Apex court held that  The appeal is however allowed, the impugned  order  is  set  aside  and  the election petition is remitted  to  the  High  Court  to  try  it  on  merits expeditiously, and being one filed in the year  2013,  preferably  within  a period of four months.

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APEX COURT DIGEST - Jan.2017 [6]

Delhi Rent control Act sec.14 - Rent Control Case - Eviction Petition - The landlord sought the eviction of the tenant  on  the  ground  that  the tenant had sub-let the premises to his son-in-law  in  contravention  of Section 14 of the Delhi Rent Control Act, 1958 (hereinafter referred  to  as ‘the Act’).  -  whether  he  was doing business along with his father-in-law or independent of him,  i.e. whether  he  was  doing  business  exclusively  behind  the  façade   of   a  partnership or as a genuine partner.  It is an  uncontroverted  fact  before  us that the landlord’s permission in writing was  not  obtained  before  the  tenant had allowed the alleged sub-tenant to occupy the shop -  the Rent Controller clearly found that the son-in-law had been put  in  possession of the shop in pursua...
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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

"(i) Whether  Section 6  of the Hindu Succession Act, 1956, as amended by the Amendment Act , 2005 is prospective or retrospective in operation? (ii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born prior to 17.6.1956? (iii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born after 17.6.1956 and prior to 9.9.2005? (iv) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies only to daughters born after 9.9.2005? (v) Whether the decision of the Division Bench in the case of Vaishali Ganorkar is per in curium of Gandori Koteshwaramma and others?"   In addressing an argument that the Explanation to  Section 6  clearly provides that partition means any partition made by execution of a deed duly registered under the  Registration Act , 1908...
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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

filed the I.A.No.175 of 2010 for granting police aid on the ground that the order of ad-interim injunction could not be implemented as the petitioners involved in violating it. In particular the petitioner has not filed any document to show that the injunction granted by this Court is being violated or the respondents damaged his quarry It is the case of the respondents that they did not trespass into suit schedule property before or after the injunction is granted.  What that is the case of the respondents, this Court feels that no prejudice would be caused to the respondents if the police aid is granted to implement the order of this Court. "  the Court below granted the police aid aggrieved by which the present C.R.P. has been filed However, whereas great caution is to be taken for granting ex parte ad-interim injunction equal measures are to be taken while granting police aid to enforce that order.   Under the guise of an order of ad-interim i...
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