Specific Relief Act, 1963, Section 34, 37, 38 -- Power of Attorney executed by plaintiff in favor of defendant - Power of Attorney cancelled within one day of it being executed and defendant also informed - Despite this defendant alienated property within three days and within six days thereafter the property was further sold - A criminal case filed against defendant..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Personal Accident Insurance of Farmers, Farm Labour and Mandi Workers - Contract of insurance - Insurance claim - Repudiation - A clear cut proposal effecting insurance was made by the complainant and in response thereto the OPs expressed explicit and unreserved intention to accept the said proposal and to create complete..........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Extent of compensation depends on the facts and circumstances of each case and it is not possible to set any absolute legal principle as a panacea which uniformly will be applicable or capable of being applied as a binding precedent de hors the facts of a given case...........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Extent of compensation depends on the facts and circumstances of each case and it is not possible to set any absolute legal principle as a panacea which uniformly will be applicable or capable of being applied as a binding precedent de hors the facts of a given case...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree is as binding upon the parties thereto as a decree passed by invitum...........
Civil Procedure Code, 1908, Order 32, Rule 12(2) -- Minor defendant - Attaining majority during pendency of suit - Not choosing to come on record and to contest suit himself - Held, minor must be deemed to have elected to abide by the representation of the guardian and the judgment and decree eventually passed in the suit is binding upon him - Mere fact that suit was..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Cancellation of a deed or a declaration that deed is invalid, non est, illegal or not binding - If the executant wants to avoid the deed he has to sue for cancellation of the deed and has to pay ad-valorem court fee on the consideration stated in the deed - If non executant wants to avoid it, and he is in possession, he..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and principle of estoppel - To attract the principle of res judicata or principle of estoppel or to make the observation in previous litigation binding, it is must that either decree is passed in the presence of the person concerned or person concerned accepts the observation and..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of prosecutrix - Evidentiary value of Pariwar Register - Gram Panchayat Officer not verifying entries made in the register available with him - Entries in said register not proved - Manner of preparation of Pariwar Register raises doubt about its authenticity and genuineness - Held, Pariwar Register not..........
Order on merit -- Meaning - In law, once the reasoned order is passed, whether after hearing both the sides or in the absence of one side, the order passed is always order on merits - It cannot be termed as the order passed without considering the merit - It has binding effect on the parties to the litigation...........
