Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for partition and permanent injunction - It is not open for plaintiff to claim property to be ancestral during lifetime of his father and to have share in it - Suit is barred by law - Plaint rejected...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - While determining market value of large chunk of land, value of smaller pieces of land could be taken into consideration, however, after making appropriate deduction in the value of lands or setting apart land required for carving out roads, leaving open spaces, plotting out smaller plots etc...........
Adverse possession -- Possession must be open, clear, continuous and hostile to the claim or possession of the other party - All three classic requirements must coexist i.e., adequate in continuity, adequate in publicity; and adverse to a competitor, in denial of title and knowledge...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Prawn cultivation - Death of prawns due to white spot disease - Insurance company repudiated the claim basing on wholly unfounded assertion that appellant had failed to maintain and provide proper records - It is not open to insurance company to ignore or fail to act upon certificate or document..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 227 -- Sanction for prosecution - Validity - Once cognizance was taken by Special Judge and charge was framed against accused, trial could neither have been stayed nor scuttled in the midst of it in view of S.19(3) of P.C Act - In the instant case, though the issue of validity of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Parties living separately - It is not open for husband to put forth the contention that he is willing to maintain petitioners, if they come and reside with them...........
Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........
Criminal Procedure Code, 1973, Section 482 -- Return of passport - Neither passport was seized nor impounded - It was unauthorizely retained by respondent no.3/Regional Passport office - High Court directed the return of passport subject to deposit of a sum of Rs.10 lakhs - However, appellant was not aggrieved by said condition of deposit of sum of Rs.10 lakhs - Appellant..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted at the stage when accused answered the summons and not after plea of accused was entered - Interim compensation can be granted only where accused "pleads not guilty" - Impugned order set aside - It is open to accused to seek appropriate relief, including u/s 143-A of..........
Service -- Reinstatement with 75% back wages - Challenged by management - Management was aggrieved by award pertaining to regularization and it did not assail that part of award whereby directions were given for reinstatement with 75% back wages before Division Bench in its appeal - Therefore, in view of clear recording by Division Bench that Management was not assailing..........
