Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: S.42 SRA,O.VII,R-11,S.11,12(2) CPC:Declaratory suit,Right of inheritance would not be defeated by law of limitation or principle of res judicata

Summary: S.42 SRA,S.4,6,17,18,23 Land Acquisition Act,S.9 CPC:Declaratory suit--When forum provided by special law,civil suit not competent

Summary: (a) Senate (Election) Act (LI of 1975)-------Ss. 34, 36, 43 & 45---Civil Procedure Code (V of 1908), O.XI, R.13, O. VI, R. 15 & FormNo. 5 Appendix-C---Election petition---Law and procedure---Senate election for Technocrat'sseat---Non-filing of affidavits of private witnesses with the petition---Non-signing of scheduleand annexures attached with the petition---Effect---Election petition, its schedule and annexuresshould be signed by the petitioner and should be verified on oath---Order VI, R.15, C.P.C. fixedresponsibility on a party to personally verify the facts of the pleadings and documents---Separateverification of document(s) was not required if same was/were discussed in a pleadings andplaint was verified on oath---If document(s) were not discussed or described in pleadings butsame were annexed with the same through a schedule then both schedule and document(s)should be signed by the person intended to produce them and verified on oath---Documentsrelied upon by the petitioner and filed along with his petition had been described in the electionpetition which had been signed and verified on oath---Such documents were not annexures,therefore no schedule and separate verification of the same was required---List of witnessesshould be filed with the petition if a party desired to summon any official witness/s justifying his/their production and also to mention the documents which were required to be provedthrough such witness(es)---Witness who was not author of a document/certificate could not be anevidence about the observation of his predecessor and his evidence was immaterial and was ofno use---Affidavits of private witnesses were required to be filed with the election petition butsame had not been done so by the petitioner---Provisions of Section 43 of Senate (Election) Act,1975 were directory in nature as no penal consequence had been provided in the said Act for itsnon-compliance---Election petition could not be dismissed due to non-filing of affidavits of thewitnesses---Last opportunity to submit affidavits of private witnesses was to be provided to thepetitioner.Black's Law Dictionary rel.(b) Words and Phrases-------"Schedule"---Meaning---"Schedule" was a written or a printed statement showing brief detailof a document or contained a list showing a brief description of a document.Black's Law Dictionary and Concise Oxford Dictionary rel.(c) Senate (Election) Act (LI of 1975)-------S. 36 (3)---"Annexure" as used in S.36(3), Senate (Election) Act, 1975---Meaning---"Annexure" meant to join or add especially something larger, or to append or attach to asignificant thing or in addition to main document, report or a pleadings---"Annexure" was/werethe document/documents which had not been described in a main document, a report or a petitionbut was/were sought to be produced in support of its contents---Documents containing additionalgrounds of allegation of a substantive nature or at least furnished a better particulars of theallegation in addition to what had been described in a petition or a report, only such document/swas/were to be considered as "annexures"---Documents which had been described in thepleadings and subsequently attached to it did not come within the definition of "annexures"irrespective of the fact that same had been marked as "annexures".

Summary: [ the word shall and as far as possible In the first part in Section 8(1) the word "shall" has been used, therefore, the same is mandatory, whereas in the second part in section 8 (2), the words "as far as possible" are used which give discretion to the authorities and does not make this provision absolute and mandatory. It is settled law that where the order is in excess of jurisdiction, without jurisdiction and in manifest breach of some law, the same can be set-aside by this Court in constitutional jurisdiction

Summary: Summary pending

Summary: Summary pending.

Summary: Summary pending.