Limitation Act, 1963, Section 14 -- Exemption from limitation - Plaintiff should plead and prove : (a) The exemption claimed should be for the period the plaintiff has been prosecuting a civil proceeding in a court of first instance or of appeal or revision against the defendant; (b) such proceedings prosecuted should have been done with due diligence and in good faith;..........
Civil Procedure Code, 1908, Order 37, Rule 3(4), Civil Procedure Code, 1908, Order 9, Rule 13 -- Summary suit - Ex parte decree - Setting aside of - Summons for judgment in Form 4A in Appendix B was not served on counsel for defendant as contemplated U.O.37.R.3(4) - Court below had posted the case only after 4 days after defendants entered appearance and passed an ex parte..........
Evidence Act, 1872, Section 115 -- Estoppel - Applicability - Appellant simply alleged in written statement that partition was carried merely on papers - Warrant of ejectment was never executed at the spot and application for partition was allowed without following proper procedure and law governing partition - Fact that partition proceedings took place and appellant was..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Revision - Compounding of offence - Statement of complainant has been recorded wherein he stated that he has already compounded offence with accused - Held, as per S.147 of that Act, offence u/s 138 of the Act is compoundable - It is well settled that offence can be compounded even in..........
Civil Procedure Code, 1908, Section 151, 50, 52, 53 -- Revision - Liability of ancestral property - Execution of decree for realisation of decretal amount - No suit was filed against deceased and there is no such decree - Acquisition of ancestral property by judgment debtor by way of Will and not as legal representative by survivorship - Therefore, no liability arises out..........
Criminal Procedure Code, 1973, Section 156(3), 203 -- Application u/s 156(3) Cr.P.C. - Magistrate can treat it as a complaint case and record evidence u/ss 200 and 202 Cr.P.C. - Prayer that Magistrate should treat application u/s 156(3) Cr.P.C. as State case rejected - Revision dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Personal necessity - Eviction order passed on ground of personal necessity - In revision tenant contended that landlord filed application u/s 13-B of the Act against two tenants and hence they are not maintainable - Held, where one building is occupied by different tenants, NRI landlord can seek eviction of all..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Concurrent findings - Insurance claim - Driving licence - Clearly established by the facts on record that at the relevant point of time driver was holding a valid driving licence to drive the bus - Concurrent findings of facts of two Fora below upset by the National Commission though there was no jurisdictional..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Civil Procedure Code, 1908, Section 34 -- Compensation - Interest - No revision preferred by the appellant against the order of State Commission whereby the amount of Rs. 2,72,517/ - was awarded to him - Hence appellant cannot be awarded enhanced compensation beyond what has been pegged down by the State Commission..........
Consumer Protection Act, 1986, Section 13(3 -- B) - Maharashtra Ownership of Flat Act, 1963, Section 9 - Maharashtra Ownership of Flat Rules, 1964, Rule 9 Housing - Building - Completion certificate - Conveyance deed - Execution of - Sanction plan - Revision of - Construction activities - Restraint order - Interim order - Vacation of - Revision - District Forum has only..........
