Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Cancellation - Delay in depositing the amount - National Commission without considering any ground raised by appellant has directed appellant to receive and accept amount from respondent along with interest and handover possession of plot in question - It was respondent who committed default in depositing..........
Land loser -- Grant of employment - Termination - Appellant given employment as son-in-law of land loser under the prevalent scheme intended for land loser's family member - However, on account of estrangement between appellant and his wife and divorce proceeding initiated by appellant, his father-in-law/land loser made complaints, which led to issuance of charge memo with..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Earlier application for expert opinion was rejected - Plea which was available at the time of filing of first application, not taken at that time, such plea could legally not be taken in second application - However, liberty was granted by Court for filing appropriate application by placing..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Non-framing of points of determination - Suit filed for declaration and therefore findings of first appellate Court in terms of S.96 r/w O.41.R.31 CPC are required - Since first Appellate Court not framed points of determination, matter remitted back to first appellate Court to decide the..........
Road widening project -- Directions issued to State or its instrumentalities i.e: (i) Ascertain the existing width of road in terms of official records/maps; (ii) Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps; (iii) If an encroachment is found, issue a proper, written notice..........
Limitation Act, 1963, Article 65 -- Suit for declaration and recovery of possession - When in a suit for declaration of title, a further relief is claimed in addition to mere declaration, relief of declaration would only be an ancillary one and for the purposes of limitation, it would be governed by the relief that has been additionally claimed - Further relief claimed in..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute raised regarding promises and reciprocal promises arising out of agreement - Right of renewal and revision of storage charges as well as the legality and propriety of enhanced demand arose during the subsistence of agreement - Its legality and propriety will depend on the terms of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - In case of misapplication of law and improper appreciation of evidence on record, particularly the documentary evidence, it is the bounden duty of High Court sitting in Second Appeal to consider such questions which are substantial in nature in terms of law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Valuation of suit and court fee - It is nature of relief claimed which becomes the basis for valuation of a suit - A suit is always to be valued on the reliefs as claimed - Market value of any property cannot be a decisive factor for valuation of suit - Since the relief..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation and payment of Court fee - Trial Court while rejecting plaint does not specifically set down the correct value of relief in the plaint on which plaintiff was required to pay Court fee, nor does it specify the quantum of Court fee payable on such value - Court in a vague manner directed the..........
