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Concurrent running of sentences – Conviction in 2 cases – Two appeals filed against two cases and both the appeals decided by a common judgment – Sentences which have been imposed against accused even though in different trials can be ordered to run concurrently with such previous sentence.
Appointment of Commissioner to record evidence of plaintiff – Court has power U.O.26.R.4-A CPC to appoint Commissioner for recording evidence of plaintiff – Order allowing application calls for no interference.
Writ – Maintainability – Disputed questions of fact – Petitioners have alternate and equally efficacious remedy of filing appeal to NCLAT and in that appeal, it can raise all grounds – Writ petition held, not maintainable.
Rent and Eviction — Ownership of rented premises has no relevance in matters of eviction.
Order U.O.21.R.99 CPC is final order not an interlocutory order, as question of right, title or interest in property is considered by virtue of O.21.R.101 CPC – Appeal and not petition u/art 227 of Constitution is maintainable.
Eviction petition – Bonafide need – Mere fact that daughters have got married pending proceedings would not in any manner diminish ground of eviction pleaded by landlady – Need held, bonafide.
Additional issues – Issues framed by Appellate Court has subsumed issues sought to be framed by defendant – No additional issue as suggested by defendant was required to be framed – Application rightly dismissed.
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