Digest

All
50% amount of compensation in fixed deposits
Aadhar Card as proof of age
Abadi land
Absence of averment
Accident after expiry of driving license
Accident at Rajasthan
Accident by borrower/ brother of owner
Accident by financed vehicle
Accident within 30 days of expiry of driving license
Acquisition of land
Acquisition of land by Improvement Trust
Acquisition of land under National Highway Act, 1956
Acquittal in criminal case
Ad-interim injunction
Ad-valorem court fee
Additional evidence
Additional evidence at appellate stage
Adjourning of ad-interim prayer awaiting written statement
Adjustment of equities between the parties
Admission by parties
Adverse inference
Adverse possession
Agreement to sell
Allotment of 100 square yards plot
Allotment of liquor vend license in residential area
Alternative remedy
Amendment in judgment by Executing Court
Amendment in plaint
Amendment in the prayer of plaint
Amendment in written statement
Amputation of both arms due to electrocution
Ancestral property
Appeal
Appeal against Consent decree
Appeal and stay application before Financial Commissioner
Appeal and stay application pending
Appeal by Indigent Persons
Appellate Authority’s duty
Appointment of Arbitrator
Appointment of Guardian
Appointment of Lambardar
Appointment of Local Commissioner
Apportionment of compensation on the basis of agreement to sell
Arbitration agreement
Arbitration and Conciliation Act, 1996 (26 of 1996)
Arbitration award
Arbitration matters in Commercial court
Arrest of Judgment Debtor/ JD
Assessment of electricity charges
Assessment of income
Assessment of Income of deceased
Assessment of market value of acquired land
Attachment before judgment
Attachment of salary
Attorney appeared as witness
Auction bid/ Offer
Auction of commercial tower
Auction sale
Auction sale in execution of consent decree
Award by Arbitrator
Award of Lok Adalat in complaint u/s 138 NI Act
Bail to accused
Beat of drum
Bonafide need/ personal necessity
Bonafide purchaser of auction sale
Breach of policy
Businessman deceased
Cheque bounce case
Child marriage
Citizenship Amendment Act, 2019 (47 of 2019)
Civil remedy
Civil suit
Civil writ petition for compensation to victim
Claim petition at Gurugram
Co-sharer’s possession
Code of Civil Procedure, 1908 (V of 1908)
Code of Criminal Procedure, 1973 (2 of 1974)
Commercial Courts Act, 2015 (4 of 2016)
Company not convicted
Compensation assessed by Reference Court not paid
Compensation in motor vehicle accident case
Compensation not offered to the land owners
Compromise between parties
Compromise beyond suit property
Conditional warrant of arrest
Condonation of delay
Consent decree
Consent to jurisdiction to Wakf Tribunal
Consequential relief
Consequential relief of injunction
Consideration of pleading other than plaint
Consolidate takh
Constitution of India
Consumer complaint
Consumer Protection Act, 1986 (68 of 1986)
Contempt of Court
Contempt of Courts Act, 1971 (70 of 1971)
Continuation of business after death
Contractual appointment through service provider
Contractual employee
Conversion of divorce petition into divorce by mutual consent petition at Appellate stage
Conviction u/s 138 N.I. Act
Corporate debtor
Correction in date of birth
Correction in pleadings after judgment
Correction of mother’s name in matriculation certificate
Court fees
Court Fees Act, 1870 (7 of 1870)
COVID-19 pandemic situation
Criminal and civil liability
Cruelty
Custody of child
Daily diary report
Daily wages period
Damages for Demolition of shops and residence
DDR of accident
Death of sole defendant
Declaration of Tenancy
Deed of live-in relationship
Default due to wrong Act of Bank
Defence struck off
Delay and laches
Delay in decisioning of suit
Delay in filing written statement
Delay in possession due to non-issuance of occupancy certificate
Delay in restoration application
Delay of 312 days in filing appeal
Delayed possession of flat
Delayed revision
Demarcation of property
Dependency of claimants
Disaster Management Act, 2005 (53 of 2005)
Discretion of Arbitrator
Discretion of court
Dismissal of application for condonation of delay
Dismissal of application u/o 39 Rule 1 & 2 by trial court
Dismissed in default
Dispute of title
Disputing Landlord’ ownership
Divorce
Divorce by mutual consent
Divorce by mutual consent before expiry of one year of marriage
Doctrine of lis pendens
Domestic violence
Driving licence
Early decision of suit
East Punjab Urban Rent Restriction Act, 1949 (III of 1949)
Ejectment from unauthorised occupation
Ejectment of lessee/ tenant
Electricity Act, 2003 (36 of 2003)
Eminent Domain
Employees’ Compensation Act 1923 (8 of 1923)
Employees’ State Insurance Act, 1948 (34 of 1948)
Encroachment over street
Eviction from Gram Panchayat land
Eviction from Public premises
Eviction of encroachment over street
Eviction of lessee
Evidence beyond Pleadings
Evidence law
Evidential value
Evidential value DDR
Ex-parte decree
Ex-parte eviction
Ex-parte judgment
Ex-parte judgment and decree
Ex-parte proceedings
Exceptional hardship / depravity
Exclusion of son in Will
Exclusive possession
Execution of award/ decree of Lok Adalat in complaint u/s 138 NI Act
Execution of decretal amount
Execution of document
Execution of eviction order
Execution of order
Exemption u/s 80 CPC
Exhibiting of documents
Existence of Arbitration agreement
Expiry of driving license
Explanatory amendment in written statement
Extension of time
Extra-marital relationship of mother
Failure to re-examine medically
Fake/ Forged driving licence
FIR pending
Fixed Deposit of compensation
Food adulteration case
Food Safety and Standards Act, 2006 (34 of 2006)
Foreign judgment of divorce and custody
Framing of additional issue
Framing of issue
Fresh proceedings
Functional disability
Future prospects
Guardians and Wards Act, 1890 (8 of 1890)
Handwriting and finger print expert in rebuttal evidence
Handwriting expert report
Haryana Canal and Drainage Act, 1974 (29 of 1974)
Haryana Co-operative Societies Act, 1984 (22 of 1984)
Haryana Compassionate Assistance to the dependents of the Deceased Government Employees Rules, 2006
Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975)
Haryana Municipal Act, 1973 (24 of 1973)
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (24 of 1972)
Haryana Real Estate (Regulation and Development) Rules, 2017
Haryana Road Infrastructure Protection Act, 2017 (7 of 2017)
Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973)
Hindu Marriage Act, 1955 (25 of 1955)
Hindu Minority and Guardianship Act, 1956 (32 of 1956)
Hindu Succession Act, 1956 (30 of 1956)
HUDA plots
HUF property
HUF Tenancy
Illegal colonies
Illegal encroachment on road
Illegal occupation
Illegal seizure of Hypothecated vehicle
Impounding of passport
Income Tax Return
Indian Contract Act, 1872 (9 of 1872)
Indian Evidence Act, 1872 (1 of 1872)
Indian Stamp Act, 1899 (2 of 1899)
Indian Succession Act, 1925 (39 of 1925)
Industrial Disputes Act, 1947 (14 of 1947)
Inherent power of civil Court
Injunction against true owner
Injunction simplicitor
Insolvency and Bankruptcy Code, 2016 (31 of 2016)
Insolvency proceedings
Insolvency resolution process
Insurance claim wrongly transferred by Bank
Insured vehicle
Inter-caste love marriage
Interest on delay possession
Interest upon Statutory benefits
Interim custody of Child
Interim order
Interim relief
Issue of limitation
Joint liability/debt
Joint sale deed
Judgment on admission
Jurisdiction of Arbitration Tribunal
Jurisdiction of civil court
Jurisdiction to grant of divorce by exercising power under Article 142 of Constitution
Jurisdiction/ Power of National Green Tribunal
Land Acquisition Act, 1894 (1 of 1894)
Land in abadi
Lapse of land acquisition proceedings under 1894 Act
Leave of court
Leave to defend
Legal Services Authorities Act, 1987 (39 of 1987)
Lessee rights
Liability of Electricity Supplier
Liability of Insurance company
Liability of Insured-owner
Life and liberty
Life imprisonment till death
Limitation
Limitation Act, 1963 (36 of 1963)
Limitation for Arbitration
Limitation for proceedings u/s 7 and 9 of the IBC
Live-in relationship
Live-in relationship with minor girl
Live-in-relationship without divorce
Loan agreement/ Loan transaction
Loan transaction
Local proclamation
Long separation
Loss of future earning
Mahatma Gandhi Rural Development Scheme
Maintainability of Appeal
Maintainability of appeal against Consent decree
Maintainability of Civil suit
Maintainability of Execution proceedings
Maintainability of simultaneous proceedings u/s 163-A and 166 under Motor Vehicle Act
Maintainability of SLP against review order
Maintainability of Suit for declaration and injunction
Maintainability of writ of habeas corpus
Maintainability of Writ of mandamus
Major chunk of the land released
Manner of accident disputed
Market value of acquired land
Marriage of relative
Mesne profit
Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957)
Mining case
Minor girl
Misrepresentation
Moratorium period
Mortgaged property
Motor Vehicles Act, 1988 (59 of 1988)
Mutation entry
Mutation on the basis of Will
National Green Tribunal Act, 2010 (19 of 2010)
National Highways Act, 1956 (48 of 1956)
Natural persons
Nature of evidence
Nature of Revenue records
Negotiable Instruments Act, 1881 (26 of 1881)
New plea in Second appeal
NOC from Trial Court
Nominated person held guilty
Non signatory to cheque
Non-allotment of Chamber
Non-availing of remedy in time
Non-examination of official of IT Department
Non-fetching of market value
Non-filing of Written statement
Non-framing of issue
Non-involvement of insured vehicle in accident
Non-objection to exhibiting of documents
Notice u/s 13(2) Notice of SARFAESI Act
Notification u/s 4 of Land Acquisition Act
Object and the purport of Order 12 Rule 6 of CPC
Object of moratorium
Objection to arbitration
Objection to drafting of plaint
Objection to Execution
Objection to proper court fee
Observations made in dismissal of application
One Time Settlement/ OTS
Onus of proof
Onus of proof of Will
Onus to rebut
Opinion on encroachment
Oral exchange of immovable property in 1981
Oral partition
Order of Wakf Tribunal
Original attorney
Oustees claim
Owner of land in abadi
Parole
Partition of land
Partition suit in Delhi
Passports Act, 1967 (15 of 1967)
Pendency of Suit for 26 years
Permanant disbailty/ Permanent physical impairment
Plaint alongwith documents forms part of plaint
Plea of collusion
Pleading
Pleadings
Plying under an agreement with the Corporation
Police Protection
Post-award interest
Power and jurisdiction of Single Judge under Article 142 of Constitution
Power of attorney
Power of Commissioner
Power of High Court
Pre-award interest
Preliminary objections
Preservation of possession
Presumption of consideration
Presumption of HUF property
Prima facie case
Primary evidence
Principle of partition
Proclaimed person
Proclamation for sale
Prohibition of Child Marriage Act, 2006 (6 of 2007)
Proof of Will
Protection of life and liberty
Protection of Women from Domestic Violence Act, 2005 (43 of 2005)
Provincial Insolvency Act, 1920 (5 of 1920)
Public Interest litigation in High Court
Public premises
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971)
Punjab Land Record Manual
Punjab Land Revenue Act, 1887 (XVII of 1887)
Punjab Panchayati Raj Act, 1994 (9 of 1994)
Punjab Rent Act, 1995 (13 of 2012)
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963 (41 of 1963)
Purchase of flat
Purpose of Post-award interest
Quashing of FIR
Question of fact
Question of title
Railway accident compensation case
Railway Claims Tribunal Act, 1987 (54 of 1987)
Railways Act, 1989 (24 of 1989)
Readiness and willingness
Real Estate (Regulation and Development) Act, 2016 (16 of 2016)
Rebuttal evidence
Recovery suit as mandatory injunction
Rectification in judgment by Executing Court
Refund of amount
Refund of earnest money
Refund with interest
Registration Act, 1908 (16 of 1908)
Registration of Compromise beyond suit property
Rejection of bid
Rejection of plaint
Release of payment for carrying out various works for government agencies/departments
Release of pensionary benefits
Reliance upon market value of land subsequent to notification
Relief inspite dismissal of suit
Remedy of civil Court
Removal from service by other contractual employees
Removal of encroachment over street
Removal of Illegal occupation
Removal without opportunity of hearing
Renewal of contract
Renewal of fake driving licence
Renewal of passport
Replacement by original document
Repudiation of insurance claim
RERA Appeal in High Court
Res-judicata
Restitution of conjugal rights
Restoration of case/ suit
Retiral benefits
Revenue entry
Revenue records
Review after 56 years 6 days
Review of Summoning of accused
Revision in cheque bounce case
Revision/stay petition pending
Revisional Court’s power/ Revisional jurisdiction
Revisional powers of Superintending Canal Officer
Right of Flat purchaser
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)
Run-away marriage
Sanad Takseem issued
SARFAESI proceedings
Scope of evidence
Second appeal
Second marriage by wife
Secondary evidence
Securing the amount by interim relief
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (54 of 2002)
Security cheque
Self-acquired property
Sentence and compensation
Service of summons
Service through WhatsApp/ E-mail
Settling the dispute through mediation
Shamilat deh
Sickness of mother
Simultaneous proceedings u/s 163-A and 166 under Motor Vehicle Act
Small amount involved
Solatium
Son living separately
Speaking order
Special Leave petition/ SLP against review order
Special Marriage Act, 1954 (43 of 1954)
Specific performance of agreement
Specific Relief Act, 1963 (47 of 1963)
Speedy disposal of suit
Stamp Duty
Statement of admission
Status-Quo order by learned Single Judge
Statutory appeal and stay application pending
Statutory benefits
Stay of dispossession
Stay of pending proceedings against debtor
Stay of suspension of Sarpanch
Stay/ Revision petition pending
Strict liability
Subsequent default
Subsequent petition u/s 166 of Motor Vehicle Act
Subsequent purchaser
Subsequent purchaser as party-defendant
Substantial question of law
Substantive relief
Substituted service
Succession after death
Suit for compensation/ damages for malicious prosecution
Suit for custody of child
Suit for declaration
Suit for declaration and mandatory injunction
Suit for declaration and permanent injunction
Suit for partition
Suit for permanent injunction
Suit for recovery
Suit for specific performance
Suit to challenge consent decree
Summary trial
Summoning for Domestic violence
Summoning of accused
Superdari of vehicle
Supremacy of Constitutional Court over Statutory Tribunal
Supreme Court Rules, 2013
Suspension of Sarpanch
Suspension of sentence in appeal
Tamil Nadu Highways Act, 2001 (34 of 2002)
Tamil Nadu Highways Rules, 2003
Temporary injunction
Temporary injunction against co-sharer
Tenancy
Tenancy in individual capacity
Tenant’s right
Termination of service
Termination of tenancy
Territorial jurisdiction
Territorial jurisdiction of MACT case
Testamentary Succession suit in Uttarakhand
Theft of electricity
Time-barred claim
Transfer application
Transfer of case
Transfer of Divorce petition
Transfer of Property Act, 1882 (4 of 1882)
Transfer of suit
Transfer petition
Undue influence
Unfair terms and conditions
Vacation of stay
Validity of driving license
Validity of marriage
Validity of Rule 5 of Tamil Nadu Highways Rules, 2003
Valuation of marks
Visiting rights to father
Void ib initio
Waiver of six month period for second motion
Waiving off the mandatory period of one year
Waqf Act, 1995 (43 of 1995)
Warrant of arrest
Withdrawal of admission
Withdrawal of statement
Withdrawal of suit
Writ for mandamus
Writ jurisdiction
Writ of habeas corpus
Written statement
Wrong noting of date by counsel
“unless otherwise agreed by the parties”
“unless the award otherwise directs”

Civil Law Digest

Pleadings

Deceased driving Activa on wrong side – Pleadings are totally bereft of any details which could even remotely show that the deceased was driving the Activa Scooter on the wrong side of the road – A conjoint reading of the statement of the eye-witness as well as of the driver leaves no manner of doubt that the accident had taken place because of the rash and negligent driving of respondent No.6 -- Argument raised by the appellant-Insurance Company, hence rejected.

(P&H HC) Decided on: 12.05.2022