Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed for non payment of entire sale consideration - Plaintiff not taking recourse to legal action for over a period of 5-1/2 years for payment of balance sale consideration, reflects that institution of suit is an..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased left behind a widow and three children - Claimants pursuing legal proceedings for grant of compensation since past 22 years - 50% of deduction towards contributory negligence as made by Tribunal and High Court affirmed - Total compensation awarded as Rs.19,82,563 with 12% interest from date..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Malafide and dishonest conduct - Litigant not entitled to any accommodation to thwart implementation of legal orders against him - Tenant before Rent Controller concocted a false story that he was in possession of demised shop on basis of some agreement to sell - Even, tenant did not furnish..........
Hindu Succession Act, 1956, Section 15(2)(b) -- Property of female Hindu dying intestate - Property in question was inherited by Hindu female from her husband and on death of Hindu female, property inherited by her from her husband, will devolve only upon heirs of husband as provided u/s 15(2)(b) of the Act - Petitioner being brother of Hindu female is not a legal heir,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory and permanent injunction - Plaintiff sought impleadment of sole surviving legal heir of co-owner of property - He is a proper party to suit and his presence is necessary for a complete and final decision on question involved in the proceeding - Moreover, plaintiff in a suit being..........
Contractual matter -- Share purchase agreement (SPA) - GLI agreed to purchase entire shareholding of appellants and respondents - Emails exchanged between parties revealing respondents were earlier agreeable to execute SPA - However, there was a subsequent change of mind - GLI entitled to execution of SPA as legal documentation reflecting agreement under which acquisition..........
Criminal Procedure Code, 1973, Section 197, 482, Karnataka Police Act, 1963, Section 170 -- Police Officer - Sanction for prosecution - Want of sanction - Quashing of proceedings - High Court, holding that sanction for prosecution is legal requirement and remitted the complaint to Magistrate instead of quashing the proceedings - - Impugned order of High Court set aside -..........
Hindu Marriage Act, 1955, Section 8, 5 -- Registration of marriage - Boy was less than 21 years of age on date of marriage - Marriage is solemnized in violation of age restriction laid down in S.5 of the Act - Marriage is thus, voidable under Ss.11, 12 of the Act - Since neither of parties has sought annulment of marriage - Marriage is legal and there is no bar to its..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint cannot be initiated against legal heirs of a person who had issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Death of accused - Legal heirs or near relatives cannot be impleaded as accused in criminal case, when accused dies unless the statute prescribes so...........
