Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 401 days - Defendant was aged about 73 years and suffered from jaundice - Reasoning put forth by defendant is within contour of definition "sufficient cause" - However, due to delay, plaintiffs would have definitely suffered..........
Court Fees Act, 1870, Section 13 -- Refund of Court fee - Court fee is refundable in case there is amicable settlement and not when suit is withdrawn becoming infructuous...........
Civil Procedure Code, 1908, Section 25 -- Transfer of claim petition filed under Motor Vehicles Act - Not mandatory to file claim petition at a place where accident occurred - Claimants can file claim petition at the place where they reside or carry on business or defendant resides - Claimants having chosen the option, no grievance can be raised by petitioner - Transfer..........
Civil Procedure Code, 1908, Section 25 -- Transfer of claim petition filed under Motor Vehicles Act - Language barrier for the witnesses to depose - No case set up for transfer - Transfer petition dismissed...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Use of expression `ta khubzul badlain' in a sale deed by itself will not be determinative of true nature of transaction...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed not binding on plaintiff/purchaser as he was not a consenting party...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - On execution and registration of a sale deed containing recitals regarding payment of consideration and delivery of possession, sale is complete even if sale price is not paid and therefore it will not be possible to cancel the sale deed in its entirety - However, exception to said rule is the practice of ta khubzul..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed by defendant no.1 - Entire right, title and interest of defendant no.1 in suit property has been transferred to plaintiff vide sale deed - Plaintiff has taken over suit properties with liabilities as set out in sale deed - Unilateral cancellation of sale deed not binding on..........
Consumer Protection Act, 1986, Section 23, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Second consumer complaint - Withdrawal of earlier complaint by Advocate of complainant on the pretext of the case being prolonged by Advocate of the Insurance Company, without having express instructions for withdrawal of complaint - However, for the fault of Advocate, complainant..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Theft of vehicle - Incident of theft on 26.06 and FIR registered on 27.06 - Intimation given to Insurance Company on 02.07 - There was thus no breach of Condition No.1 of policy...........
