Criminal Procedure Code, 1973, Section 482, 209, 465, Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1) -- Cognizance of offence - Allegations of illegal export of iron ore - Plea of appellant that he could not be charged with offences under MMDR Act and charge sheet also did not ascribe any role to him - As per charge sheet appellant was..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Gift deed executed by mother in favour of her daughter before commencement of the Act - Application u/s 23 of the Act is prospective in nature - S.23(1) of the Act deals with only those transactions which are made by senior citizens after commencement of the Act -..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Remedy in civil Court already availed - Two parallel remedies on same cause of action not permissible - Application dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 23, 25 -- Remand - Trial Court without taking into consideration of relevant basis of valuation and without giving any opportunity of evidence to parties has determined valuation of property solely on basis of Amin report - Additional Amin report is required in the matter and parties have also to be given opportunity of producing..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Non-disclosure or suppression of previous policy - Previous policy was made known to appellant - It cannot be said that there was non-disclosure of hydrology data or any fraud from the side of respondent as is projected by appellant so as to repudiate the claim - Since insurance company deposited..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for declaration of title and permanent injunction - No formal defect found in the suit - Plea of plaintiff that his predecessors in title had exchanged their properties in lieu of suit properties - However, when plaintiff knows that he filed application at fag end of trial, he should have given..........
Consumer Protection Act, 1986, Section 23 -- Life Insurance Policy - Accident claim benefit - Policy in question was not in force on the date of accident as it lapsed due to non-payment of premium - Policy revived after the accident in question and that too without disclosing the factum of accident - Claim of accident benefit rejected...........
Consumer Protection Act, 1986, Section 23 -- Life Insurance Policy - Accident claim benefit - Policy in question was not in force on the date of accident as it lapsed due to non-payment of premium - Policy revived after the accident in question and that too without disclosing the factum of accident - Claim of accident benefit rejected...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - When compromise is incomplete and bad for non-joinder of all the sharers, Court will have no other option, but to proceed with suit or appeal, as the case may be by rejecting compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Mere fact that one of sharers remained ex parte does not itself empower or authorize remaining parties to suit for partition to conclude the suit by entering into a compromise, without his/her juncture...........
