Agreement to sell -- Ready & willing - It is a question of fact - Cannot be raised in second appeal. (Civil Procedure Code, 1908, S.100)..........
Punjab Courts Act, 1918, Section 41 -- Concurrent findings of fact - Second appeal in High Court - Can lie only on grounds mentioned in Section 41 and on no others...........
Punjab Courts Act, 1918, Section 41 -- Second appeal - Plea that plaintiff not ready and willing to perform his part of contract - Question of fact - Cannot be raised in second appeal - Civil Procedure Code, Section 100...........
Consumer Protection Act, 1986, Section 14 -- Insurance policy - Double benefit policy - Held that insurance policy being a double benefit one either the claimant will be entitled to both the claims i.e. on account of death or accident or to none - Pea taken by the LIC that it stood revived by paying the premium 2 days before the death only for the purpose of one benefit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Leased premises - Bar and Restaurant - Lessor demolishing urinal situated near Bar - Prejudice to customers alleged - No affidavits filed of customers who were using urinal to say that irreparable loss would be caused for non availability of such facility - Trial Court refused injunction - In Appeal..........
Indian Penal Code, 1860, Section 302, 201 -- Appeal against acquittal - Trial Court convicting the respondents - Reversal of judgment of trial Court by High Court and Respondents acquitted - Held though the death took place as a result of strangulation in the house of the respondents - That does create a strong suspicion that her death caused by someone residing in the..........
Indian Penal Code, 1860, Section 302, 34, 147, 148 -- Conviction - Appeal - 47 people out of a mob of 200 persons had been charged - PW-18 is star witness - 5 are injured witnesses - Injured witnesses corroborate evidence of PW-18 with regard to manner of assault, place of assault, weapons used by different accused persons, persons who assaulted two deceased persons,..........
Criminal trial -- Appeal by special leave - Ordinarily Supreme Court does not re-appreciate evidence - Conclusions of High Court on a question of fact or on appreciation of evidence are considered to be final - However, there is no bar for this Court to re-appreciate evidence if interest of justice so demands...........
Punjab Co-operative Societies Act, 1961, Section 23, 24 -- Bye Laws 29, 46 Managing Director - Appeal or SLP - High Court held that Managing Director is not competent to file appeal without approval of Board - Held, Managing Director under bye law 46 is given all powers relating to institution of legal proceedings and he had power to prefer appeal - Impugned order of High..........
Punjab Land Revenue Act, 1887, Section 16 -- Lambardari revision - Order of Collector appointing Lambardar upheld in appeal by Commissioner - No illegality or perversity in orders of both lower Courts - Interference in revision not warranted...........
