Insurance claim -- Repudiation - On the ground that where the fire broke in was not insured - Plea of the complainant that the SBI was under obligation to get the godown of the two complainants as well insured repelled - Held that there was a commercial relationship between these complainant and the SBI for which the Insurance Company cannot be held liable if either of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Plea that it cannot be taken to be issued in lieu of legally enforceable liability - Held, even if blank cheque is given towards liability or even as security, when the liability is assessed and quantified, if the cheque is filled up and presented to the bank, the person who had drawn the..........
Court Fees Act, 1870, Section 7(d) -- Suit for declaration and injunction - Court fee on memorandum of appeal paid on the basis of valuation in plaint - Defendant can take objection of valuation and court fee in the trial Court - As defendant did not raise any issue of undervaluation in the trial Court nor a finding was given by the trial Court on that aspect, plaintiff is..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 267, 268, 269 -- Framing of charge - Petitioner as member of purchase committee connived with other accused persons in purchasing material at higher price - Petitioner took plea that he was included in the Purchase Committee as financial advisor - After tenders were opened, the tender papers were forwarded to a..........
Partition -- Private partition - Plea of - Exact date when private partition took place not disclosed - Private partition not recorded in revenue record - Compensation for acquisition of land was shared equally between the parties by treating them to be co-sahrers - Held, private partition not proved...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Proposed plea mutually destructive pleas - Allowing defendant to take such a plea would be to the disadvantage of the plaintiff - Order allowing amendment set aside...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Eviction sought on ground of personal necessity - Landlord-tenant relationship disputed - Wife of tenant admitted mother of landlord as real landlord - Tenant did not appear as witness to substantiate plea of wife - Held, Landlord-tenant relationship proved - Eviction ordered...........
Car -- Manufacturing defect - Cracks in the paint - Complainant failed to establish his case that the original paint of the car had some manufacturing defect or that the dealer had repainted the care - The Forum below has jumped to the conclusion of there being a manufacturing defect in the paint of the car and wrongly recorded its finding that the car needed replacement..........
Limitation Act, 1963, Article 65, 66 -- Adverse possession - Plaintiff filed suit seeking declaration of title alleging his possession to be 30 years old, continuous, open and hostile to the true owner - Suit dismissed - Held, plea of adverse possession is only available to defendant in defence against plaintiff - Plaintiff cannot seek declaration of title on the basis of..........
Adverse possession -- Plea - Plea of ownership and adverse possession cannot co-exist...........
