Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay of 5250 days - When delay of long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation - Court, in fact, should presume that third party rights may have been created..........
CCTV Cameras -- Removal of - Petitioners are aggrieved by installation of CCTV Camera by respondents 5 to 7 in their house, as Camera will snoop into bedrooms of petitioners - Though, petitioners have right to privacy and unnecessary snooping into personal affairs of petitioners cannot be justified - However, at the same time, respondent No.5 is a 80 year old lady and who..........
Recovery suit for money -- On basis of mortgage deed - Defendant availed loan of Rs.9 lakhs from plaintiff for purchase of suit property and executed mortgage deed - As per terms of mortgage defendant should redeem mortgage within 24 months after paying principal amount with 18% interest per annum - Defendant contended that he borrowed loan of Rs.6 lakhs and she repaid it..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that interest claimed by complainant was excessive and in violation of Kerala Money Lenders Act and therefore it was an illegal transaction and for that reason, cheque cannot be treated as a cheque issued in discharge of a legally enforceable debt etc. - Plea rejected, as non banking financial..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account the age of deceased 31 years at the time of accident, multiplier of 16, 40% future prospects, conventional heads namely loss of estate, loss of consortium and funeral expenses should be Rs.15,000, Rs.40,000 and Rs.15,000 respectively, loss of dependency and other heads under which..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Considering age of appellant as 38 years, monthly income of Rs.9,500, multiplier of 15, functional disability at 41.77%, 40% future prospects and various heads under which appellant is entitled to compensation, total compensation of Rs.16,60,891 with 6% interest p.a from date of claim petition till..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Delay should not be condoned as a matter of routine without sufficient reasons - Court while condoning delay has to record reasons for its satisfaction and same must reflect in the order - Extension of period of limitation merely on ground that it is necessary to do so in the interest of justice and not..........
Education -- Unaided private school - Suit for recovery of school fee - No student or parent approached Committee constituted as per order of Division Bench of High Court nor Committee constituted under Rules - Students/parents by reason of order of Government introducing a cap of 20% on increase of fees in each successive academic year, declined to pay fees as notified..........
State Financial Corporation Act, 1951, Section 29, Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act,1993, Micro, Small and Medium Enterprises Development Act,2006 -- Maintainability of Suit - The trial Court however, without analyzing the scope and applicability of the S.F.C. Act, 1951, the requirement of mandatory notice under Section..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Subsequent suit instituted relates to same subject matter and dispute which was subject matter in earlier suit - Earlier suit had proceeded ex parte against predecessor-in-interest - Since subject matter in subsequent suit was the same as earlier suit which was been decreed - Subsequent suit is barred by res..........
