Insurance Claim -- Discharge voucher - Respondent - Complainant failed to prove that her signature on the discharge voucher taken by misrepresentation fraud or by exercising undue influence or coercion - In the view of the matter, after receiving the amount in full and final settlement of her claim the complainant cannot approach a consumer court for payment of the balance..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Cause of action - Failure to disclose cause of action is distinct from the absence of full particulars...........
Plot allotment -- Deficiency in service - Refund - Plot of land allotted in the year 1997 - Full cost of plot deposited in February, 1998 - Respondents not made any basic facilities and amenities where the plot in question allotted - Refund of amount sought - Held that there is clear case of deficiency in service - Respondents directed to refund to appellant total amount..........
Haryana Panchayati Raj Act, 1994, Section 51(3) -- Removal of Sarpanch - Non - supply of copy of enquiry report to Sarpanch - Resulted in denial of opportunity of hearing envisaged under Section 51(3) - Order of removal of Sarpanch liable to be quashed on that ground - Right to make representation to disciplinary authority against findings recorded in enquiry report -..........
Transfer of Property Act, 1882, Section 50 -- Partial redemption - Not permissible in law - Purchaser from a sharer, who is having some interest in the mortgaged property, is not entitled to redeem his share of mortgaged property, on payment of proportionate mortgage amount - However such a purchaser can redeem the mortgage by paying the full amount and thereafter has to..........
Court Fees Act, 1870, Section 16, Legal Services Authorities Act, 1987, Section 21, Civil Procedure Code, 1908, Section 89(2)(b) -- Court fee - Refund - Plaintiff is entitled to refund of full Court fee paid in a suit which was referred to Lok Adalat and settled between the parties - Court which has referred the matter shall issue a certificate to the plaintiff to receive..........
Indian Penal Code, 1860, Section 302, 307, 324 -- Killing by gun shot - Appeal against acquittal - Conviction by High Court - Fight between two factions - Trial Court disbelieving prosecution case and acquitted all accused holding evidence of eye witnesses being full of contradictions - Discrepancies and accompanying contradictions are not of such nature as would make..........
Letters Patent of Punjab and Haryana High Court -- Clause 10 - Clause 15 Bombay Letters Patent) - Order setting aside abatement of suit - Does not amount to `judgment' - Letters Patent Appeal not maintainable - View expressed by Full Bench in Nurul Hoda's case AIR 1972 Calcutta 449 and by Division Bench judgments in Smt. Chando Devi's case AIR 1961 Punjab 424 and Maria..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Proviso - 'To be calculated by the Controller' - Qualifies (i) arrears of rent; (ii) interest; and (iii) the costs - Such order is to be based on a summary enquiry which is subject to final determination at the end of regular full fledged enquiry - Law is correctly laid down in Rakesh Wadhawan's..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Fraud - Pleading - Full particulars must be pleaded in case of fraud, undue influence and coercion - General allegations are not sufficient...........
