Consumer Protection Act, 1986, Section 23 -- Life Insurance of minor submitted on 25.3.1990 - Policy issued on 31.3.1990 - Policy dated back to 10.5.1989 at option of proposer - Risk commenced from 10.5.1989 - Premium paid accordingly - Minor committed suicide on 15.11.1992 - Clause 4-B of policy limited liability equal to total premium paid without interest in case..........
Punjab Urban Estates (Sale of Sites) Rules, 1965, Rule 4, 2(e), Punjab Urban Estate (Development and Regulation) Act, 1964, Section 3, 23 -- Enhanced price, demand for - Demand raised represents sale price fixed by Government - Fixation of price by Government and consequent demand raised - Cannot be declared illegal - Tentative price for site - Fixed by Government in..........
Land Acquisition Act, 1894, Section 23 -- Belting system for award of compensation - Received unequivocal approval of Supreme Court but in peculiar facts of the cases in Gulzara Singh's case 1993 LACC 612 Supreme Court, Jaswant Singh's case 1997 (1) LACC 101 and Chander Parkash's case 1994 PLJ 236 two Division Benches and Smt. Vidya Suri's case 1993 PLJ 442 a Single Judge..........
Land Acquisition Act, 1894, Section 23 -- Belting system - Plea that belting system should not have been adopted and compensation should have been awarded at a uniform rate for whole of the land - Not tenable as no evidence produced to prove that entire chunk of land acquired had same physical attributes...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Person not a party to compromise - Not bound by the compromise...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A - - Before Appellate Court can remand a case for retrial to lower Court - Must come to the conclusion that decision of trial Court liable to be reversed or set aside - Appellate Court cannot reverse the decree as a matter of course whenever it thinks that retrial has become necessary...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Rs.9, 000/- instead of decretal amount of Rs.15, 654/- agreed to be paid in instalments - In case of two consecutive defaults the entire amount of decree would be recoverable - Default - From compromise it is clear that the matter was settled for Rs.9, 000/- and the instalment part comes thereafter - Default..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 6, Rule 4 -- Suit challenging compromise recorded by LPA Bench - Nothing to show that compromise arrived at before LPA Bench was outcome of fraud, coercion, undue influence or any misrepresentation or LPA Bench recording compromise had no jurisdiction - Separate suit not maintainable...........
Land Acquisition Act, 1894, Section 23 -- Mutation of sale - Cannot prove sale price of land until and unless sale deed of land is produced/proved on the record of the case...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of purely agricultural land - Sale transactions of abadi lands - Cannot be considered as comparable instances for determination of market value - Land sold for abadi always fetches much more price as compared to purely agricultural land...........
