Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 226, 14 -- Land acquisition - Notification of acquisition quashed - Petitioner, whose land was also acquired and who had filed petition seeking enhancement of compensation, got the petition dismissed as infructuous after quashing of notification, but failed to deposit back the compensation in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Scope - An ex parte decree is ordinarily to be set aside only as against the defendants against whom the decree has been ex parte and the suit is to be revived only qua the defendant who applied for setting aside the ex parte decree...........
Insurance claim -- Repudiation - Suppression of material facts - Mis-statement on the part of deceased regarding his health/disease - While getting lapsed policy revived did not disclose that he suffered from disease of Hemiplegia and remained admitted to Hospital for about 12 days - Made the contract of revival of policy to be void ab initio - Plea that there was no..........
Cantonment Act, 1924, Section 14(1)(c) -- Cantonment Board Authority - Constitution of - Held that retrospective extensions of a Board cannot be effected - A Board which ceased to legally exist cannot be validly revived retrospectively...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Violation - Restraint order of alienation of property - While deciding preliminary issue plaint ordered to be returned for lack of jurisdiction - During pendency of appeal defendant alienated suit property - Held, there is no violation of injunction order as on the date of alienation there was no..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail u/s 167(2) sought after filing of charge sheet - Held, right to seek compulsory bail u/s 167(2) Cr.P.C. gets extinguished if accused fails to exercise his right before the prosecution files the chargesheet - Right which is extinguished cannot be revived - Though it is an obligation on the part of Magistrate to inform..........
Insurance claim -- Bima Kiran Policy - Repudiation - Ground that policy lapsed due to non payment of premium in grace period and policy not revived during the life time of insured - Finding of the District Forum that relaxation clause did not apply to the Bima Kiran policy being term insurance plan upheld - Circular dated 12.06.1989 not applicable to the policies which..........
Insurance policy -- Revival of policy denied - Money-back policy - Premium received but policy was not revived because of non submitting of medical certificate - Premiums with the interests were accepted without any objection and without demand of medical certificate - The complainant is not supposed to know rules and L.I.C was duty-bound to ask for the medical certificate..........
Insurance claim -- Repudiation - Husband of complainant was suffering from cancer and was being treated for the disease in Hospital - Policy got revived by Suppressing the aforesaid material fact - The burden of establishing the suppression of material fact proved by the appellant-OP by producing documentary evidence - Not stated by complainant-respondent that documents..........
Transfer of Property Act, 1882, Section 83, 106 -- Mortgage to tenant - Redemption of mortgage - Tenancy rights are revived as rights of lessee do not merge in rights of mortgagee, except where there is intention of parties to the contrary - Where parties have not intended to terminate lease at time of mortgage, tenant-mortgagee is entitled to continue in possession as..........
