Insurance claim -- Demolition of building by Municipal Corporation - Exclusion of claim in policy - Demolition was carried out under authority of Municipal Corporation - Insurer repudiated the claim on the ground that demolition was under the authority of law and such claim is excluded under insurance policy - Exclusion under the policy of insurance was attracted, as..........
Civil Procedure Code, 1908, Section 34 -- Interest - Settlement agreement - Default in payment of outstanding amount under settlement - Outstanding amount was paid by respondents during pendency of appeal - Parties requested to terminate the proceedings in this appeal itself - There is thus, no legal impediment in deciding issue of payment of interest and its rate in this..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Conditions must be fulfilled to attract the provision of S.10 CPC, viz. (i) Suit must be between the parties; (ii) Matter in issue in the later suit must be directly and substantially the same as in the previous suit; (iii) On the date of application, both the suits must be pending; (iv) Parties must be..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Whether suit will fail or abate, it is not the determining factor for deciding the application u/s 10 CPC - While deciding application u/s 10 CPC, Court cannot impose any condition...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition - Maintainability - Defendant Nos.3, 4 did not take any steps to contest the suit and remained ex-parte when trial Court granted relief and they did not prefer any appeal - Rather second appeal is filed by defendant No.1 who got the share in suit property claiming daughters of his sister to be..........
Civil Procedure Code, 1908, Section 35A, Order 13A, Rule 3 -- Compensatory cost - Suit for infringement of Trade mark - Application for summary judgment - Defendants have no real prospect of successfully defending claim - They notwithstanding their stated position have compelled plaintiff to pursue the matter by taking application for summary judgment - Suit carried over a..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order - Pendency of civil suits of eviction and partition - Petitioners specifically claimed to be co-parcenars to suit property, which allegedly belongs to a Hindu Undivided Family - Since such rights are already subject to adjudication before competent Civil Courts, Tribunal acted..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to the amended plaint - Defendants right to file written statement was closed - He has no right to file written statement to the amended plaint - As no written statement was filed as such defendant has no right to filed amended written statement...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 21, Rule 30 -- Maintenance pendente lite - Order of maintenance passed u/s 24 of Hindu Marriage Act is executable as a money decree...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of LRs of deceased defendant - Suit for specific performance - L.R's already on record and they adopted the written statement filed by their father - L.R's now seeking impleadment in their own right - Merely because L.R's had adopted written statement of deceased defendant No.1 is not a bar in seeking their..........
