Limitation Act, 1963, Article 16, 20, Contract Act, 1872, Section 55 -- Aggrement to sell - Suit for specific performance - Decreed - Appeal - Grant of decree for specifric performance objective on the ground of gross delay in filling of suit - Limitation of 3 years from the date fixed for execution of sale deed - suit filed within one year of last date of execution of..........
Constitution of India, 1950, Article 226, 227, 243O, 243ZG(b), 329(b) -- Question as to correctness of opinion of Full Bench in Lal Chand's case 1998 (1) PLJ 577 - Challenge to Municipal Elections - Judicial Review - Jurisdiction of High Courts. Held - Provisions of Art. 243ZG(b) of the Constitution of India cannot be read down or held to be ultra virsus of the provisions..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to (i) withdraw the admission & (ii) take destructive pleas - Application dismissed - Defendant in revision - Held - A liberal view be taken with regard to the amendments. An admission made by the party may be withdrawn or may be explained away. The defendant is even entitled..........
Specific Relief Act, 1963, Section 19, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Necessary & proper parties - Agreement to sell - Strangers to the agreement making a claim adverse to the title of vendor - Claiming themselves to be co-owners of the contracted property - Neither necessary nor proper party. Panne Khushali's case AIR 1976..........
Constitution of India, 1950, Article 227, Motor Vehicles Act, 1988, Section 166 -- Release of amount of compensation - Son died in motor vehicle accident - Claim petition by parents - M. A. C. T. awarded compensation - Directed the deposit of the compensation in the fixed deposit in nationalized bank for five years - Application for release of compensation - Declined -..........
Hindu Succession Act, 1956, Section 8 -- Ancestral property - Property inherited from father - Not ancestral qua his sons. AIR 1986 SC 1753 relied...........
Evidence Act, 1872, Section 137 -- Cross examination - Own case should be put to the witness as concerns that particular witness in cross examination - In case no question is put with regard to this, then it must be taken to have accepted the opponents case in its entirety. (AIR 1961 Cal 539 & 2003 (1) SCC 240)..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Air lines - Deficiency in service - Neither the Indian Airlines secured the telephone number from respondent-complainant nor informed about the cancellation of the Flight to him - This becomes a deficiency in service by Indian Airlines - The order of the Fora below directing refund of Rs.5,000 towards..........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Locus Standi to challenge acquisition proceedings - Notification u/ss. 4 & 6 for acquiring land - Petitioner purchased land after notification u/s. 4 - Sale of land after issuance of notification u/s 4 is an encumbrance by the owner - Sale void against State - Does not bind the State..........
Transfer of Property Act, 1882, Section 60 -- Co-sharer - Mortgage - Joint property - Redemption by paying entire mortgage money by one of the co-sharers - Redemption is for the benefit of all co-sharers - One of the co-sharer/mortgagors, by redeeming the mortgage in its entirety cannot claim a right a right higher than what he otherwise had - A co-mortgagor cannot become..........
