Consumer Protection Act, 1986, Section 25(3), 27 -- Execution proceedings - Refund of deposit - Interest - Contentions of the complainant for enhancement of rate of interest or altering mode from simple to compound interest - Executing Court cannot go behind the decree - Since the original order was not challenged by the complainant at appropriate stage, and execution..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay in filing appeal against ex parte decree - Earlier application for setting aside ex parte proceedings was dismissed and thereafter matter remained pending for five years - Plea that counsel did not inform her about passing of the ex parte decree - `Sufficient cause' in S.5 has to be interpreted liberally as it..........
Land Acquisition Act, 1894, Section 2392), 23(1A) -- Land acquisition - Compensation - Additional compensation - High Court order pronounced prior to judgment in Sunder Vs UOI - Appeal was pending before Supreme Court - Ratio of said decision entitled appellants to receive benefits u/s 23(2) and 23(1A) which can be claimed only from the date of judgment in such case...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit still pending though plaintiff's evidence already recorded - Technically petitioner not served - Ex parte order set aside - Petitioner granted opportunity to file written statement and after framing of issues plaintiff shall have the right to lead further evidence and petitioner shall have..........
Criminal Procedure Code, 1973, Section 439, 100(4), Indian Penal Code, 1860, Section 302, 304 -- Murder - Conviction - Appeal - Suspension of sentence - Applicant has already undergone six years three months and five days of imprisonment and his behaviour is satisfactory - There is no other case pending against him - Petitioner belongs to a lower strata of society - Appeal..........
Partition suit -- Plaintiff claimed one half share in suit properties on strength of sale deed - Execution of sale deed in favour of plaintiff not specifically denied in written statement - However, defendant set up defence that predecessor-in-interest of plaintiff executed sale agreement in his favour, but died before executing regular sale deed - Even suit for specific..........
Civil Procedure Code, 1908, Order 21 -- Execution of decree - Agreement to sell - Suit for partition - Plaintiff are owners in possession of suit property to extend of half share - Plaintiffs are only heirs after the death of deceased and said fact not denied by defendants - Moreover, as per defendants deceased predecessor-in-interest of plaintiff executed an agreement to..........
Civil Procedure Code, 1908, Order 21 -- Execution of decree - Agreement to sell - Suit for partition - Execution of agreement to sell does not confer any title itself in favour of party - Simply because for specific performance of alleged agreement to sell which was filed subsequently to present suit is pending, cannot be a ground to deny plaintiff to seek their right of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 34 -- Loan transaction - Dishonour of cheque - Loan in question has been taken by accused - Accused issued cheques to discharge legal liability arising out of loan - When said cheques were presented for encashment, same were returned back with report that "not sufficient funds" - Accused..........
Family Courts Act, 1984, Section 7(1)(e), 8(c), Civil Procedure Code, 1908, Section 24 -- Jurisdiction of Family Court - Suit for declaration of legitimacy - Held, such suit falls within the exclusive jurisdiction of family Court - Suit pending before Civil Court - After constitution of family Court, suit pending before civil court transferred to family Court...........
