Civil Procedure Code, 1908, Section 34, Consumer Protection Act, 1986, Section 13, 17 -- Interest - 18% - Not justified - Long gap between allotment and possession - Hence, allottee suffered mental agony and harassment hence interest @ 12% awarded by District Forum was held proper and taken as compensation for mental agony and harassment - However, in spite of..........
Education -- Admission - All India quota of Post Graduate Medical Course increased from 25% to 50% - Reservation based on residence or on institutional preference - Clarification given that judgment of the Court dated 4.11.2003 in W.P.(c) No. 29 of 2003 - Saurabh Chaudhri & Ors. vs. Union of India & Ors. reported in (2003) 11 SCC 146: 2004(1) RSJ 659 is to be made..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Section , Order 3, Rule 1 -- Counsel possessed of requisite authorization by Vakalatnama can act on behalf of his client and enter into agreement or compromise - Words `in writing and signed by the parties' inserted by the C.P.C. (Amendment) Act, 1976 - Must necessarily mean as provided by Order 3..........
Civil Procedure Code, 1908, Section 100 -- Findings of fact - Must be set aside where finding has no basis in any legal evidence on record or based on a misreading of evidence or suffers from any legal infirmity which materially prejudices the case of one of the parties - Neelakantan's case (2002) 2 SCC 440 Reiterated...........
Civil Procedure Code, 1908, Section 100 -- If judgments of trial Court and First Appellate Court based on misinterpretation of documentary evidence or consideration of inadmissible evidence or ignoring material evidence or on a finding of fact has ignored admissions or concession made by witnesses or parties - High Court can interfere in appeal under Section 100 - Yadarao..........
Land Acquisition Act, 1894, Section 11A, 4, 6 -- Computation of period of limitation of 2 years for making award - From last of the dates of publication of declaration - Expression 'date of publication of declaration' in Section 11 - A - A stage subsequent to Section 6 - Has to be the last of the dates out of three modes of publication ordained by statute - Unless all the..........
Land Acquisition Act, 1894, Section 23(1A), 23(2), 28, 32 -- Claimant whose land acquired by Parishad and whose proceedings pending in the year 1984 - Entitled to solatium @ 30%, interest and additional compensation - Savitri Cairae's case (2003) 6 SCC 255 Followed...........
Land Acquisition Act, 1894, Section 28A -- Period of limitation of 3 months - Computation of - Limitation of 3 months begins to run from the date of award by Court - Plea that limitation of 3 months begins to start from the date of knowledge - Unsustainable and cannot be accepted - No duty cast upon Court to issue notice to land owners who have not initiated proceedings..........
Succession Act, 1925, Section 74 -- Will - Interpretation of - Essential principles - (i) fundamental rule to ascertain intention of testator from the words used, the surrounding circumstances for the purpose of finding out intended meaning of words which have been employed, (ii) Court in doing so entitled to put itself into armchair of testator and bound to bear in mind..........
Civil Procedure Code, 1908, Order 34, Rule 8, 7(1), 7(2) -- Usufructuary mortgage - Final decree in redemption suit - Limitation - Court in preliminary decree fixed time for payment of amount declared due - Default in depositing payment - Mortgagor not debarred from his right to redeem mortgaged property - Sub-rule (2) of Rule 7 Order 34 providing for extra time to..........
