Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration - Cause of action for filing suit accrued when disputed mutation came to the knowledge of plaintiff in the year 1999 - Suit has to be filed within 3 years from date when cause of action first accrued - Suit filed in the year 2006 is barred by limitation, though limitation has not been set up as a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay - Even if there is delay in seeking amendment, Court has to consider certain other aspects also, viz. (1) Whether amendment sought is imperative for proper and effective adjudication of the case - Real controversy test is the basic or cardinal test in deciding whether the amendment is to be..........
Agreement to sell -- Specific performance - Mere escalation of land prices after date of filing of suit cannot be sole ground to deny specific performance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), 22 -- Recovery of charas - Appeal against conviction - Accused acquitted for following reasons: (i) prosecution not produced evidence to prove that recovered contraband was kept intact in malkhana from alleged date of its recovery; (ii) personal search of accused not conducted before a Magistrate or any..........
Consumer Protection Act, 1986, Section 12 -- Life insurance - Death claim - Repudiation - Non-disclosure of serious pre-existing ailment - Deceased was suffering from a serious pre-existing medical condition which was not disclosed to insurer - In fact deceased was hospitalized to undergo treatment for such condition in proximity to date of his death and same was also not..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Claim of juvenility may be raised before any Court at any stage even after final disposal of case - Thus, it would not matter if accused though juvenile on date of commission of offence had become an adult before or after date of commencement of the Act, he would be entitled to benefit..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Accused was less than 18 years of age on date of commission of offence - He is entitled to be treated as a juvenile and be given benefit as per 2000 Act, notwithstanding the fact accused was not entitled to benefit of being a juvenile on date of offence under 1986 Act and turned an adult..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 15 -- Juvenile - Murder case - Quantum of sentence - Accused was declared juvenile on the date of commission of offence - He has undergone incarceration for more than 2 years - Sentence of life imprisonment as awarded to accused set aside - Matter remitted to JJ Board, for passing appropriate..........
Arms Act, 1959, Section 17(3)(c) -- Cancellation of two fire arm licenses - Suppression of material information - Previous arms license was deliberately suppressed by petitioner while applying second time for Arms license - No material placed by petitioner about existence or continuation of threat perception as on date - In fact petitioner himself was involved in various..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Reference - Limitation - Once it is established that appellant had knowledge of proceedings, then period of limitation for purpose of S.18 of the Act, would start running from the said date...........
