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..........
Specific Relief Act, 1963, Section 15, 22, 31 -- Agreement to sell - Specific performance - Agreement dated 5.12.1980 executed between parties - Another agreement dated 20.12.1981 executed between deceased/appellant No.1 with landowners - Held, that rights of appellants to seek specific performance of agreement u/s 15 of the Act flowing from agreement dated 5.12.1980 was..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail, Court can lay down a condition that accused shall make himself available for interrogation by a police officer as and when required - Purpose of such a provision is that anticipatory bail cannot be permitted to be abused - Accused if does not appear inspite of such a..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court Fee - Challenge in the suit for cancellation of document - Plaintiff not claimed possession as consequential or substantive relief - Order that ad valorem Court fee is required to be affixed is unsustainable...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 411, 414, 120B -- Bail - Offence u/ss 411, 414 & 12-B IPC - Co-accused already enlarged on bail - Bail granted - Petitioner if found involved in repeating the similar offence at any point of time, prosecution will be at liberty to apply for cancellation of bail...........
Plot -- Cancellation of plot - On the ground of non-payment of amount demanded by petitioner by writing a letter - Petitioners admitted that they are not possessing any proof of the delivery of letter to the respondent - No fault can be found with the order of State Commission directing respondent to make payment of the amount and the petitioner to deliver the possession..........
Will -- Execution - Proof - Testator lived for several years after execution of Will and he did not take any steps for its cancellation - This by itself is a factor which Court may take into consideration for upholding the validity of Will...........
