Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objections to admissibility of document in evidence may be classified into three categories are : (i) An objection with regard to there being insufficiently stamped documents i.e. there is deficiency in stamp duty of documents; (ii) would be where admissibility of document is not..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Insufficiency of stamp duty on document tendered in evidence - If objection relating to deficiency of stamp duty of document is taken, Court has to decided same before proceeding further - An objection relating to deficiency of stamp duty has to be taken at earliest and cannot be raised..........
Stamp Act, 1899, Section 47A -- Stamp deficiency - Limitation for initiating proceedings u/s 47-A of the Act is 4 years, which may be extended beyond 4 years up to period of 8 years, if permission is given by State Government - But there is no provision for further extension of said period of 8 years, whether such permission is granted within 4 years or within a period of..........
Consumer Protection Act, 1986, Section 14(1)(d) -- Deficiency of services - Compensation - Proof of loss or injury suffered by consumer due to negligence of opposite party is sine qua non for entitlement of compensation - Once said conditions are satisfied Consumer Forum would have to decide the quantum of compensation to which consumer is entitled - Computation of..........
Consumer Protection Act, 1986, Section 14(1)(d) -- Deficiency of services - Compensation - Plot - Allotment of plot - Delay in delivery of possession - Compensation towards escalation in cost of construction - Allotment of plot in 1989 but possession given in 2000 - Construction started in 2006 - Award of Rs.15 lakhs towards escalation in the cost of construction as..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Deficiency - Consolidation officer committed gross illegality in granting land belong to Gram Panchayat to private respondents in cavalier fashion - Consolidation officer completely ignored caution in order by which matter was remanded to him for consideration - It was incumbent..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court fees - Suit for declaration to challenge release deed and for joint possession - Plaintiff is herself executant of release deed - No monetary consideration has exchanged the hands for executing said release deed - There can be thus, no question to pay ad valorem Court fees on the..........
Agreement to sell -- Deficient stamp duty - Document marked inspite of objection - Making good the deficiency at a later stage - Technicality should not come in the way of imparting substantial justice between the parties - Once compounding mechanism is provided the same can be resorted to - Application allowed subject to payment of costs of Rs.10,000. (Stamp Act, 1899,..........
Criminal Procedure Code, 1973, Section 482, Standards of Weights and Measures Act, 1976, Section 29, Standards of Weights and Measures (Enforcement) Act, 1985, Section 31, Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Rule 24, 25, 26 -- Deficiency in weight - Issue of process - In the instant case, product Palmolive naturals Soap (with cream) and..........
Criminal Procedure Code, 1973, Section 482, Standards of Weights and Measures Act, 1976, Section 29, Standards of Weights and Measures (Enforcement) Act, 1985, Section 31, Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Rule 24, 25, 26 -- Deficiency in weight - Immunity from prosecution - Quashing of proceedings - In the instant case, error in..........
