Adverse possession -- Proof - Plaintiffs/respondents remained inactive for a period of 32 years - Defendant No.1 pleaded and proved that he is in possession of property without interruption from the date of purchase as an owner thereof - He further proved that he after demolishing old structure, reconstructed house with approved map and then inducted the tenants in..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 243 -- Dishonour of Cheque - Sending cheque to document expert - There were no material alterations in the form of eraser or over writings or corrections - Plea of accused was that a blank cheque was given as security - Held, question as to whether any authority was given to the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Marine Insurance Policy - Insurance claim - Repudiation - Exclusion clause - Consignment of 500 M.T. of Soda Ash meant to be delivered to the complainant at its work at Bhiwandi by ship did not reach the destination as the vessel carrying the consignment and other Cargo was seized by the China authority and the..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Legal heirs - Suit for partition - Preliminary decree passed wherein it was held that mother and brother of defendant had no right, title and interest in the suit property - Final decree proceedings based on the right declared in preliminary decree - As right of mother was negated in the preliminary decree, non..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Immovable property - Distinction between "Sale" and "Contract for Sale" - Held, sale is complete upon execution of sale-deed and in case of an immovable property exceeding value of one hundred rupees, ownership or title to such property validly passes on to the purchaser, only upon..........
Transfer of Property Act, 1882, Section 54 -- Decree for specific performance - Effect of - Held, a decree for specific performance merely recognizes a claim for specific performance of contract, which is capable of being specifically enforced at the instance of a decree-holder - It does not create any right, title, interest in or charge on the immovable property in favour..........
Civil Procedure Code, 1908, Order 21, Rule 16, Specific Relief Act, 1963, Section 15(b) -- Decree for specific performance - Enforcement by assignee - Held, implied prohibition against assignment of a transfer of a right cannot be inferred unless words or expression in the document clearly indicate such prohibition - If in the document, there is no such prohibition, the..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Demand for interest not supported either by document or by law - Merely for this reason suit does not cease to be a summary suit...........
Insurance claim -- Surveyor's report - Burglary - Assorted merchandise carried away by a gang of unidentified robbers after locking up the watchman - Complainant raised a claim of Rs. 14,17,999 on account of loss/damage suffered by him - OP - Insurance Company approved claim to the tune of Rs. 3,70,241 which complainant did not agree - OPs should have accepted the loss as..........
Insurance claim -- Surveyor's report - Burglary - Assorted merchandise carried away by a gang of unidentified robbers after locking up the watchman - Complainant raised a claim of Rs. 14,17,999 on account of loss/damage suffered by him - OP - Insurance Company approved claim to the tune of Rs. 3,70,241 which complainant did not agree - OPs should have accepted the loss as..........
