Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law formulated at the time of admission of appeal - Modification - Permissible...........
Limitation Act, 1963, Section 5 -- Condonation of delay - General principles - (i) Courts should opt liberal approach while considering the question of 'sufficient Cause' in condonation of delay (ii) Court should not be prompted by mere technicalities, cause substantial justice to be preferred. (iii) Action of party should not be actuated by malafide or gross negligence...........
Bank loan -- Insurance policy - Fire policy - A was being taken by Bank and premium debited to account of the petitioner-complainant - For the year in question fire policy-C taken by Bank which did not cover the risk for flood/cyclone - The goods and machinery damaged heavily due to heavy rain - Held that when a change in the scope of insurance policy was made by the bank..........
Constitution of India, 1950, Article 14 -- Equality - Classification - Two conditions of permissible classification are (1) it must be founded on an intelligible differentia which distinguishes persons or premises that are grouped together from others left out of the groups and (2) the differentia must have a rational relation to the object sought to be achieved by the Act..........
Criminal Procedure Code, 1973, Section 482 -- For exercise of jurisdiction u/s 482 of the Code is that the allegations contained in the complaint even if given face value and taken to be correct in its entirety do not disclose an offence or not is the question...........
Court Fees Act, 1870, Section 7 -- Proper Court fee - Scope of inquiry - Determination of the question whether proper Court Fee has been affixed on plaint - Only averments in the plaint have to be read...........
Vehicle finance -- Hire purchase agreement - Hire purchase agreement in the first instance requires that the ownership of the goods shall lie with the owner; and thereafter, letting the goods on hire to the consumer - But when the consumer is himself the owner, in possession of the vehicle there is no question of giving right of possession to him - Lending of money in such..........
Punjab Land Revenue Act, 1887, Section 34, 36 -- Mutation of inheritance - Will - Surrounded by suspicious circumstances - Revenue Officers not to go into intricate question of law regarding validity of Will, which can be proved only in the Civil Court - Revenue Officers to ignore suspicious Will while sanctioning the mutation of inheritance...........
Constitution of India, 1950, Article 226 -- Judicial Review - Lack of jurisdiction vis-a-vis restraint - Powers u/Art. 226 integral to the scheme of judicial review - Powers neither arbitrary nor unbridled - High Courts while up holding there jurisdiction to issue writs, order or directions have generally declined to exercise jurisdiction where an alternative and..........
Constitution of India, 1950, Article 226 -- Judicial Review - Calling into question an `election' - High Court's power of judicial review - A petition that 'calls into question' an election during the period of 'election' would not be entertain u/Art. 226 of the Constitution of India - High Courts powers of judicial review is merely postponed, to a time and a stage, after..........
