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PATNA HIGH COURT
Year of decision: 2011
Details
Electricity Act, 1910, Section 33-- Electrocution - Death - Suit for compensation - Maintainability - Held, as per S.33 of the Indian Electricity Act in case any accident occurs in connection with generation, transmission, supply or use of energy, a suit for compensation is not barred under the statute - Trial court has rightly held..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 80-- Bihar State Electricity Board - Notice - Held, neither Bihar State Electricity Board would be `Government' nor would its officers would be considered as `Public Officers' for purpose of S.80 CPC - Service of notice upon defendants was not required - Therefore, even if no notice has been served u/s..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition - Severance of joint family status - Held, as soon as plaint (Partition suit) was presented by "R", there will be presumption that coparcenary status of the family ceased - Therefore, in the present case, coparcenary status of the family ceased in the year 1989 itself when plaint was..........
PATNA HIGH COURT
Year of decision: 2011
Details
Agreement to sell, Specific Relief Act, 1963, Section 16(c)-- S.16(c) of Specific Relief Act do not bar the institution of the suit - It is only a personal bar against the plaintiff to a relief for specific performance of a contract...........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit barred - Respondent Bank never prayed for rejection of plaint on the ground that it does not disclose cause of action - Only contention raised by respondent Bank is that it is barred u/s 18 of the Recovery of Debts Due to Banks and Financial Institutions Act - Material..........
PATNA HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 108-- Presumption - Arises only after lapse of seven years unless contrary is proved - Plaintiffs case that her husband had gone to Bombay in December, 1996 and is traceless for last 8 years - Present suit filed in 2004 - Evidence of defendant that his son regularly writes letter to him but even then he..........
PATNA HIGH COURT
Year of decision: 2011
Details
Hindu Law -- Joint family property - Partition suit - Maintainability - In partition suit, plaintiff failed to prove unity of title and possession - Registered sale deeds by other co-sharer in respect of suit properties executed long time before have not been challenged in spite of knowledge of such sale deeds..........
PATNA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 144, 145-- Conversion of proceedings initiated u/s 144 Cr.P.C. into a proceeding u/s 145 Cr.P.C. - During pendency of title suit before competent Court Magistrate was not required to pass impugned order - Impugned order as well as order whereby a Receiver was appointed set aside...........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 96, Evidence Act, 1872, Section 3-- Gift deed - Challenged to be forged and fabricated document - Dismissal of suit - Appeal against - Conflict of oral evidence - Duty of appellate Court - Held, when there is a conflict of oral evidence on any matter in issue and its resolution turns upon credibility of witnesses, the general rule..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 96-- Suit for declaration - Finding of fact - Based on purely oral evidence - Testimony of all witnesses considered minutely - No interference in appeal with such finding...........

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