Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for recovery of damages for defamation - Period of limitation u/art 75 of Limitation Act would not get extended after expiry of one year from date of publication of libel - Suit is not within limitation prescribed u/art 75 of Limitation Act - Plaintiff even if proves all..........
Auction sale -- Setting aside - Non-filing of application u/ss 37-A or 38 of Revenue Recovery Act - Auction sale took place on 29.07.2005 and confirmation of sale was made on 23.07.2008 - Appellant admittedly did not file any application before competent authority within 30 days limitation prescribed u/ss 37-A or 38 of Revenue Recovery Act - Therefore, bar of limitation..........
Auction sale -- Setting aside - Auction and its subsequent confirmation have not been shown to suffer from any material irregularity, mistake or fraud as contemplated u/s 38 of Revenue Recovery Act - Auction purchaser paid full purchase amount on the day of sale and sale was confirmed only after due procedure and in the absence of any valid challenge - Issuance of sale..........
Auction sale -- Setting aside - Contention that auction was conducted during pendency of Writ Petition and that High Court's interim order staying confirmation of sale rendered any statutory application unnecessary - This contention is misconceived, as record reveals that while High Court had granted limited interim protection against confirmation of sale, there was no..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration that sale deed is null and void and recovery of possession - To decide validity of sale deed and to decide title of plaintiff, physical features of property need not be noted down - Further, Advocate Commissioner is not entitled to give any finding with regard to..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where contract of insurance is not disputed even on breach of insurance conditions, Court had allowed recovery of compensation from insurer by giving right to insurer to recover the same from vehicle owner...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Recovery of two empty cartridges of 315 bore from place of occurrence and a country made pistol along with a live cartridge of 315 bore was recovered from accused `R' while searching him by Police officials - Accused `R' stated to Police that two rounds firing was made by him but no one injured - Other evidence..........
Indian Penal Code, 1860, Section 412 -- Offence u/s 412 IPC - FIR lodged against arrested co-accused and 7-8 unknown dacoits who were caught hold by villagers at the spot, after about 7 hours of incident without any explanation wherein police reached the place of incident immediately - Appellant was arrested after 9 days of incident and recovery which was allegedly made..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Mere fact there is no independent witness of recovery that by itself cannot be considered as a ground for grant of bail, inasmuch as, evidentiary value of testimonies of police witnesses..........
Armed Forces Tribunal Act, 2007, Section 15(6) -- Appeal against Court martial - Tribunal in exercise of its power u/s 15(6) of Act, on the established fact of recovery of ammunition from possession of appellant, has taken a lenient view in favour of appellant and has modified the punishment from dismissal to compulsory retirement with all pensionary and retiral benefits -..........
