Specific Relief Act, 1963, Section 31 -- Sale deed - Suit for cancellation - Ground of fraud and misrepresentation - Burden of proof is on plaintiff - Plaintiff failed to do so - Defendant cannot be asked to discharge negative burden - Held, plaintiff is not entitled to decree of cancellation of sale deed...........
Specific Relief Act, 1963, Section 31 -- Sale deed - Cancellation - Joint property - One of the co-owners entitled to one third share in the house and thus he was not entitled to execute the sale deed of the entire house - Entire sale deed cannot be held to be null and void - Sale deed is effective to extent of one third share only...........
Court Fees Act, 1870, Section 7 -- Court fee - Sale deed - For cancellation of sale deed ad valorem court-fee as per the valuation of the deed has to be paid - However, if plaintiff seeks a relief for declaration that sale deed is void ab initio and not binding upon him then a fixed declaratory court-fee has to be paid...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302 -- Bail - Cancellation - Accused on bail for two years and he did not misuse the liberty - When basic requirements necessary for grant of bail are completely ignored by High Court then Supreme Court is justified in canceling bail...........
Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 482 -- Kalendra u/s 182 Cr.P.C. - Quashing of - Petitioner lodged FIR for offence under IPC - Police filed cancellation report - Magistrate accepted the same - Petitioner given liberty to file protest complaint - Petitioner filed complaint and after recording of preliminary evidence respondents 2..........
Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - For cancellation of bail conduct of petitioner subsequent to release on bail and the supervising circumstances alone are relevant - When a person to whom bail has been granted either tries to interfere with the course of justice or attempts to tamper with evidence or witnesses or threatens witnesses or..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Fact that prosecution witnesses have turned hostile cannot by itself justify the inference that the accused has won them over - Bail cannot be cancelled on this ground...........
Insurance claim -- Cancellation of policy - Since the policy was valid on 21.1.2006 and was cancelled on 23.1.2006 without any reason, respondent - Insurer liable to make payment of compensation during the validity period...........
Criminal Procedure Code, 1973, Section 127(2) -- Maintenance - Recovery of - At that stage husband seeking cancellation of maintenance order on the ground that subsequent to the said order an order for restitution of conjugal rights is passed in his favour - Held, the proper remedy available is to move the Court which passed the maintenance order and such an application is..........
Consumer Protection Act, 1986, Section 2(1),(d),3 -- Consumer - Additional remedy - Housing - Flat - Construction of - Booking cancellation - Refund - Plea that with cancellation of booking the service to be provided by the petitioners came to an end and the dispute can be decided only by civil Court repelled - Held that remedy provided under the Act is in addition and not..........
