Agreement to sell -- Suit for specific performance - Limitation - Once there is a specific date fixed for performance, limitation would be three years from the said date...........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contemporaneous signatures - Defendant contended that admitted signatures of defendant on Vakalat and written statement filed before trial Court can be compared with disputed signatures - However, said admitted signatures were written more than 5 years from the date of disputed signatures - It..........
Protection of Children from Sexual Offences Act, 2012, Section 33(2) -- Examination of child victim - Date of commission of offence determines the question as to whether benefit of S.33(2) of the Act should be accorded or not...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - For applicability of S.23 of the Act applicant should be senior citizen on the date of filing application and not that he should be a senior citizen on the day on which gift or release deed is executed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused deposited cheque amount of Rs.6,50,000 along with 12% simple interest p.a from the date of cheque till date of actual payment besides a sum of Rs.1 lakh payable additionally - There is thus, no point in restoring the proceedings - Despite lack of consent of complainant, it is a fit case to..........
Service -- Promotion - Promotion is effective from the date it is granted and not from the date when a vacancy occurs on the subject post or when the post itself is created...........
Service -- Promotion - Seniority can neither be reckoned from the date when a vacancy arises, nor can it be granted retrospectively unless the service rules specifically provide for such a situation...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Construction agreement - Delay in handing over possession of flats - Due date for handing over possession of flat is to be fixed as per terms and conditions mentioned in construction agreement...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable - Once it is found that wife and child are unable to maintain themselves and husband is capable of maintaining himself and having sufficient means, refused or neglected to pay maintenance, ordering payment of maintenance from the date of petition sounds..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
