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..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Theft of vehicle - FIR was registered after the incident of theft and intimation was also given to insurance company - There was thus, no breach of condition No.1 - However, since driver of vehicle was negligent in leaving vehicle unattended with the key in the ignition, there is breach of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Not required to be formulated in second appeal arising in States of Punjab and State of Haryana...........
Personal presence of State Officers -- Where there is a patent disregard and disobedience to directions issued by Court, Court would be justified in securing presence of officers - However, such a practice should not be adopted as a routine...........
Transfer of Property Act, 1882, Section 54 -- Sale with a condition to repurchase - Transfer or assignment of such right - Condition of right to repurchase in sale deed not personal to the vendor unless terms in the document specifically state so - No implied prohibition of transfer or assignment can be inferred in a document - Benefit of contract is assignable in cases..........
Civil Procedure Code, 1908, Order 21, Rule 58A, Civil Procedure Code, 1908, Order 38, Rule 11B -- As amended in State of Madras - Execution - Attachment of property - Order of attachment passed by Competent Civil Court must be communicated to jurisdictional Registrar and to be entered in encumbrance certificate - In the absence of same, order is not enforceable and is void..........
Legal Services Authorities Act, 1987, Section 22C(7), Kerala State Legal Services Authority Regulation, 1998, Rule 33, National Legal Services Authority (Lok Adalats) Regulations, 2009, Rule 17 -- Award of Lok Adalat - Award not signed by parties - When award is not signed by parties, award is not binding on them - Signatures of lawyer alone in the award cannot validate..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint sought at first appellate stage - Amendment sought to correct survey numbers of suit properties - However, there are discrepancies in the boundaries of suit property - Amendment sought will not help the plaintiff until or unless boundaries of suit property are properly stated - Moreover, failure on the..........
Service -- Appointment - Additional/waiting list - Mere publication of additional list does not create any right to be appointed - Duty to fill up vacancies from additional list can arise only on basis of a mandatory rule - In the absence of such a mandate in Rule applicable, High Court committed error in directing State to give effect to additional list and appoint..........
Criminal Procedure Code, 1973, Section 397 -- Acquittal - State filed appeal and accused was convicted and benefit of probation was granted - Complainant never challenged the order of acquittal - Revision petition by complainant for inadequate sentence is neither legal not proper - Revision petition dismissed...........
