Limitation Act, 1963, Article 66, 67, 52 -- Suit for possession in view of default on the part of defendant/tenant to pay rent in terms of notice of demand - Article 52 of Limitation Act would not be attracted as claimed by defendant - Articles 66 and 67 prescribing 12 years limitation period would apply...........
Constitution of India, 1950, Article 226, Consumer Protection Act, 1986, Section 3,14,27 -- Writ of Prohibition - Orders passed by the District Forum/ State Commission in consumer cases filed by depositors against petitioner for refund of deposit - Writ petition filed by petitioner seeking writ of prohibition - In some other cases petitioner has already filed appeals and..........
Constitution of India, 1950, Article 226, Consumer Protection Act, 1986, Section 3,14,27 -- Writ of Prohibition - Suppression of material facts - Orders passed by the District Forum/ State Commission in consumer cases filed by depositors against petitioner for refund of deposit - Writ petition filed by petitioner seeking writ of prohibition - In some other cases petitioner..........
Limitation Act, 1963, Article 136, 105 -- Maintenance - Limitation for execution of decree for maintenance is 12 years from date when decree becomes enforceable - Limitation of three years prescribed in Article 105 of Limitation Act is not applicable as application is not a suit for recovery of arrears of maintenance - Whole of decree is enforceable against husband on..........
Doctrine of merger -- Refusing SLP by a speaking order i.e. where reasons have been assigned - Still the order remains the one rejecting prayer for the grant of leave to appeal - Doctrine of merger does not apply - However, the law stated or declared by Supreme Court in the order shall attract applicability of Article 141 of the Constitution...........
Limitation Act, 1963, Article 55, 18, Civil Procedure Code, 1908, Section 80 -- Works contract - Suit for recovery of sum - Liability of State to pay balance amount for work done by contractor arises only when contractor has competed work and authority, thereupon, records final measurements of work and prepares final bill for acceptance by contractor - It amounts to..........
Will -- Suspicious circumstance - Beneficiary present at the time of execution of Will - Not a suspicious circumstance - Plea that testator disinherited his own son - Not tenable since property under disputed Will was personal property of testator but `Kuttalai' (endowment) property and on same day through another Will personal properties were bequeathed to his sons -..........
Tort -- Death in judicial custody - Suit for damages filed after one year of incidence - Defence that Article 72 of Limitation Act applicable and suit barred by limitation - Further defence of sovereign immunity - Defence untenable - Deceased complained of plot to kill him - Sub Inspector of Police party to plot - Adequate security not provided in jail - Bomb hurled in..........
Limitation Act, 1963, Article 72 -- Applicability of the provision - suit must be for compensation for doing or for omitting to do an act in pursuance of any enactment in force at the relevant time i.e. the doing of an act or omission which is required by the statute to be done - If the act or omission complained of is not alleged to be in pursuance of the statutory..........
State's Debts -- Priority of State's debts is recognised in India and is treated as 'law in force' within the meaning of Article 372(1) of Constitution - However, the Crown's preferential right to recovery of debts over other creditors is confined to ordinary or unsecured creditors - Where the right of the subject is complete and perfect before that of the King commences,..........
