Insurance claim -- Repudiation - Risk covering burglary - Complainant to prove the forcible entry into the premises or loss was proceeded by violent action - Lack of evidence regarding forcibly entry or exit in the premises for stealing the construction material - Repudiation of claim justified...........
Constitution of India, 1950, Article 129 -- Contempt petition - Contempt of Supreme Court - Restoration of possession of land in dispute - Non-compliance of order of Supreme Court - Strict action to be taken against contemnor...........
Rent and Eviction -- Bona fide requirement - Must not only exist on the date of filing of eviction petition but must also subsist till the final decree of eviction is passed - If, in the meantime, events crop up which would show that the landlord's requirement no longer subsists then the action must fail...........
Limitation Act, 1963, Article 54 -- Agreement to sell - Specific performance - Limitation - Sale deed was to be executed within 10 days of the decision of Court in a litigation pending with Society - Case decided - Appellant took no steps to request the other party in person nor he served any written notice upon him - Suit for specific performance was to be filed within..........
Indian Penal Code, 1860, Section 415 -- Cheating - Ingredients of cheating are : (i) deception of a person either by making a false or misleading representation or by other action or omission; and (ii) fraudulent or dishonest inducement of that person to either deliver any property to any person or to consent to the retention thereof by any person or to intentionally..........
Civil Procedure Code, 1908, Section 15, 16, 17, 18, 19, 20 -- Jurisdiction - Plaintiff is dominus litus - But it is confined only to the cause of action which falls within Ss.15 to 18 of he Code - It has no application in a case where provision of S.20 CPC is sought to be invoked...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Industrial plot - Delay in construction - Allegedly due to not providing of amenities by OPs - Plot allotted on 5.8.1974 - Till 17.1.1982 no grievance made by the complainant that there is no facilities like sewerage, water, road etc. - The allegation found to be unsubstantiated - Complaint filed in the year 2002..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Permission to withdraw suit - Second Appeal - Rights in property claimed on the basis of natural succession - Defendants claimed property on the basis of will - Suit dismissed - Second Appeal - Application by Plaintiff/Appellant to withdraw suit with a permission to file fresh on same cause of action raising the plea that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If on a meaningful and not formal reading of the plaint it is manifestly vexatious and meritless in the sense of not disclosing a clear right to sue, Court should exercise the power U.O.7.R.11 CPC, taking care to see that the ground mentioned therein is fulfilled - If clever drafting has created the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint as a whole has to be read - Plaint when discloses no cause of action then plaint as a whole and not a part of plaint has to be rejected...........
