Transfer of Property Act, 1882, Section 3(26) -- 'Nasban' rights - It is a right of the planter of tree in the land of the other by which he acquires half right in those trees and half right in their fruits till the life of the trees...........
Indian Penal Code, 1860, Section 406, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Finance company inviting public to invest their money in company and subsequently cheating depositors by not paying interest and not refunding deposits - All Directors of company, having enjoyed fruits of cheating, cannot be permitted to plead that they were not concerned with..........
Insurance claim -- Deficiency in service - Stock of fruits in shop, godown and in open space, for which Insurance policy was taken for inter alia against risk of riot, set on fire by rioters - Complaint allowed by the District Forum and direction given to appellant OP to pay a sum of Rs. 1,85,300/- and a sum of Rs. 15,000/- awarded by way of compensation on account of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Partnership firm - Injunction against partner - Suit for injunction against a partner is not legally maintainable because each partner is agent of the partnership firm - He has an equal interest like others - Though a partner is not a co-sharer but certainly he has a right, title or interest in the property and he has the..........
Land Acquisition Act, 1894, Section 17(4), 5A -- Challenge to urgency invoked for construction of Market Yard for Fruits and Vegetables - Enough precedents in connection with acquisition of land for Markets where Section 5 - A dispensed with and such action upheld - Subjective satisfaction for dispensing with enquiry under Section 5 - A based on sufficient material -..........
Words and Phrases -- Proceedings, meaning and scope of - Execution is a part of proceedings - A continuing action and reaping the fruits...........
Specific Relief Act, 1963, Section 20, 21, 22 -- Specific performance of agreement of mortgage with possession of suit property - Not proper after a lapse of more than 25 years to direct defendant to execute usufructuary mortgage in favour of plaintiff - Decree for specific performance declined - Defendant retained money and enjoyed fruits of that amount - Plaintiff..........
Consumer Protection Act, 1986, Section 2(1)(f), 13(1) -- Defect - Insecticide - BHC 10% - Use of this insecticide banned on fruits and vegetables - Sample of goods not obtained from complainant as per mandatory requirement of Section 13(1) of the Act - Application from the appellants for sending sample of the insecticide in dispute for chemical examination opposed by the..........
Service Law -- Erroneous promotions given contrary to service rules - Such employees allowed to enjoy fruits of improper promotion - An employee cannot base his claim for promotion contrary to statutory service rules in law Courts - Erroneous promotion either given by the department by misreading rules or pursuant to judicial orders contrary to rules cannot be a ground to..........
Arbitration Act, 1940, Section 30, 32 -- Parties receiving amount to which they are held entitled under award - Parties having enjoyed fruits of award cannot turn round and challenge the award...........
