Showing : 191-200 of 263 Results

SUPREME COURT OF INDIA
Year of decision: 2005
Details
Consumer Protection Act, 1986, Section 2-- Insurance claim - Tree under which car was parked fell on the car and extensive damage caused - Insurance Company repudiated the claim as it was not covered by the policy as the loss was caused due to a storm as stated in the complaint - Difference of opinion amongst members of the District Forum..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Specific Relief Act, 1963, Section 34-- Sale deed executed as security of loan - Oral agreement of recoveyance on payment of loan - Loan amount paid - Suit for declaration of title - Not maintainable in absence of seeking relief of declaration that sale deed was a loan transaction and not a real sale - Second relief of specific..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2-- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not maintainable in..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Specific Relief Act, 1963, Section 12(3)-- Part performance - Relinquishment of claim - Agreement to sell on his own behalf and on behalf of sister on the premise of requisite authority on behalf of his sister - Sister never authorised to enter into agreement to sell - Application to amend plaint to relinquish a share filed in Supreme..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 20A(1)-- Prior approval for registration of a case - Can be in writing or oral - Provision is mandatory - Proceedings are not maintainable in absence of such approval...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Pre mature suit - Not maintainable when - (i) there is a mandatory bar created by a statute which disables the plaintiff from filing the suit on or before a particular date or the occurrence of a particular event; (ii) When the institution of the suit before the lapse of a particular time or..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Constitution of India, 1950, Article 32, Indian Penal Code, 1860, Section 302, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 4-- Death sentence - Review petition that accused was a juvenile on the date of commission of offence also dismissed by Supreme Court - Petition under article 32 of Constitution of India is not maintainable - Accused can file curative petition...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d)-- Exparte decree - Two options are available - One to file appeal and second to file application U.O.9.R.13 - If appeal is dismissed then application U.O.9.R.13 is not maintainable but not the vice versa - On dismissal of application U.O.9.R.13 remedy of appeal U.O.43.R.1 is available - In case of..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 7-- Application U.O.9.R.7 is not maintainable at the stage when suit is pending for pronouncing the judgment...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Review - Successive applications - Not barred if same are otherwise maintainable in law...........

Showing : 191-200 of 263 Results