Punjab Land Revenue Act, 1887, Section 45 -- Khasra Girdawari - Correction of entries - Petitioner claiming to in possession as mortgagee and seeking correction of khasra girdawari entries which are made in the name of some other person - Petition dismissed by Financial Commissioner - Question as to who is in possession is a disputed question of fact which requires leading..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial activity - Trading of shares - Complaint maintainability - Large scale sale and purchase of shares had been done through the account of the complainant for earning huge profits - The activity held to be commercial in nature - The complainant not a consumer as defined under CP Act - There are..........
Negotiable Instruments Act, 1881, Section 138, 118(a), Civil Procedure Code, 1908, Order 37, Rule 1 -- Dishonour of cheque - Summary suit - Defendant purchased timber from plaintiff and he issued cheque towards price of that timber - Defendant has not denied his signature in cheque - Defendant has no case that he had kept blank signed cheques - It is not stated that cheque..........
Consumer Protection Act, 1986, Section 2(1)(r), Insurance Act, 1938, Section 45 -- Unfair trade practice - Life Insurance Policy (Triple Accident Benefit Policy) - Insurance claim - Repudiation - Suppression of material fact - Pre - existing disease - Coronary Artery disease - Life assured examined by the doctors on the panel of the respondents/OPs - After full..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Civil Procedure Code, 1908, Section 11 -- Res judicata - Petition u/s 7 of the Act dismissed - Held, dismissal of petition will not debar subsequent petition as principle of res judicata cannot be invoked in summary proceedings unless statute expressly provide so...........
Medical negligence -- Delivery case - Death during delivery - Res ipsa loqutur - Compensation - Wife of complainant was healthy woman aged 39 years with all parameters being normal, died due to anesthetic dosage given to her and the Anesthetist did not reverse it properly - From the operation theater onwards patient's conditions just remained critical and deteriorated as..........
Motor Vehicles Act, 1988, Section 168 -- Fatal motor accident - Compensation - Site plan prepared by police - Evidentiary value of - Held, site plan prepared by police has its face value for purpose of satisfaction of tribunal in summary proceeding for purpose of determination of compensation...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(1A), 13A(8) -- Specified landlord - Eviction petition - Landlord retired from service - Premises let out after retirement - Landlord does not fall within special category landlords and not entitled to invoke summary procedure of eviction u/s 13A of the Act - Landlord can seek eviction u/s 13 of the Act like..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Suit claim Rs.2.66 crores and leave to defend granted on deposit of Rs.2 crores - Conditions imposed while granting leave to defend should not be unduly onerous - Appellant to deposit a sum of Rs.1.10 crores within a period of two months and further a sum of Rs.90 lacs to be deposited..........
Mutation -- Grant of mutation on the basis of natural succession ignoring Will - Writ petition - Held, not maintainable - Parties relegated to the remedy of civil suit as it is civil court which can decide the question of title and validity of Will - Sanction of mutation does not determine the rights or title to the property - Mutation proceedings are summary in nature and..........
