Limitation Act, 1963, Section 17, Article 56 -- Benefit of S.17 on basis of fraud - Availability - Only contention on behalf of plaintiffs in support of their case that suit is within the period of limitation, is that they came to know about forged signature on power of attorney from report of handwriting expert and therefore, from that day, suit is within the period of..........
Evidence Act, 1872, Section 114 -- Right over Gaon Sabha land - Revenue entry - Irrebuttable presumption - Held, whenever a person comes along with the case that Gaon Sabha land was allotted to him or some order was passed by any Court in his favour declaring his right over Gaon Sabha land or some revenue entry was in his favour long before but during last several years..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Claim petition - Forged driving license - Liability of insurance company - Held, once original licence is forged its subsequent renewal does not make it a valid document - In present case, insurance company has discharged its onus that driver was not holding any valid driving licence by producing RW2 - This witness..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Recovery of Rent - Leave to defend - Grant of - Validity - Held, in absence of any prima facie material to substantiate that petitioner had made payment of amount either by way of rent or mesne profits for period he had occupied premises, leave to defend granted by trial Court was not justified - Only..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Counter FIR alleging theft, cheating and forgery of the cheque in question - Quashing of - Cheque issued by respondent No.2/accused in discharge of outstanding dues dishonoured - FIR lodged by respondent alleging that he had lost blank signed..........
Punjab Panchayati Raj Act, 1994, Section 20(4) -- Panch - Suspension - Delayed enquiry - Sarpanch/Panch can be placed under suspension by invoking sub-S.4 of S.20 during pendency of enquiry for alleged misconduct committed by him - If in enquiry, petitioner is found to be guilty of misconduct, he can be removed from post of Sarpanch/Panch, as the case may be, u/s.20(1)(e)..........
Marine-cum-Ersction Policy -- During the transit, certain goods in the consignment boxes, including parts of machinery damaged - Insurance claim - Repudiation - Delay caused in giving information to the appellant - Surveyors" report - The delay of a few days could not be due to mala fide intention of respondent-complainant - The cover note issued by the appellant does not..........
Marine -- cum - Erection' Policy - During the transit, certain goods in the consignment boxes, including parts of machinery damaged - Insurance claim - Repudiation - Delay caused in giving information to the appellant - Surveyors' report - The delay of a few days could not be due to mala fide intention of respondent - complainant - The cover note issued by the appellant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - If injunction is granted on the basis of false pleadings or forged documents, then Court must impose costs, grant realistic or actual mesne profits and/or order prosecution - This must be done to discourage the dishonest and unscrupulous litigant from abusing the judicial system - Court has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Denial of signature on cheque - Expert verification - Accused categorically denied his signature on body of cheques from the time of his show cause reply and claimed that his signature has been forged - Held, this is a fit case where orders ought to have been passed to send disputed cheques to an expert..........
