Hindu Succession Act, 1956, Section 8, 14(1), 14(2), 30 -- Property possessed by a female Hindu - Testamentary succession after the enforcement of the Act - Claim u/s 14(1) of the Act - Self acquired property of original owner - He having no children - Died on 19.3.1977 leaving his widow behind - Widow purported to gift away the property to a Gurdwara - Son of sister of..........
Court Fees Act, 1870, Section 7(1)(iv)(c) -- Court fee - Suit for declaration that plaintiff is owner in possession of suit land and that decree passed by Civil Court is wrong, illegal, null and void and not binding on the rights of plaintiff - Since plaintiff has not claimed consequential relief of possession as such plaintiff is not required to pay ad valorem court fees...........
Damage -- Suit for Damages of Rs. 20 Lac - Whether Court fee is payable in terms of Sec. 7(iv)(f) or schedule II, item No. 17 or Sec. 7(i) - Law discussed - Law laid down in Hem Raj's case, 1993 CCC 48 not correct - Apex Court judgment in Gopala Krishnan Pillai's case, AIR 1967 SC 155 binding precedent - Court fees Act 1870, Sec. 7(i) & (iv)(f)...........
Specific Relief Act, 1963, Section 10, 19, 20 -- Suit for specific performance - Agreement to sell - Consent decree suffered by vendor in favour of her daugher-in-law within 15 days of execution of agreement - Execution of agreement and receipt of earnest amount not denied - Vendee always ready and willing to perform his part of contract - Trial Court directed execution of..........
Specific Relief Act, 1963, Section 10, 19 -- Agreement to sell - Subsequent transfer of property by vendor in favour of her daughter-in-law vide Civil Court decree - Civil suit filled by vendor challenging said decree - Rights of vendee sought to be defeated by taking recourse of subsequent event of suffering collusive decree by vendee - Apparent fraud committed by vendor..........
Insurance claim -- Discharge voucher - By bank - Surveyors report -Deduction of amount of Rs.28 lacs and odd out of amount of 58 lacs and odd - Deduction made by the OP-Insurance Company as per report of Surveyor held unjustified - Discharge voucher was executed by bank alone without obtaining any acknowledgement from the complainant-insured - It cannot bind the..........
Civil Procedure Code, 1908, Order 23 -- No appeal is maintainable against a consent decree having regard to the specific bar contained in S.96(3) CPC ; (ii) No appeal is maintainable against the order of the court recording the compromise or refusing to record a compromise in view of deletion of clause (m) Rule 1 Order 43 CPC; (iii) No independent suit can be filed for..........
Motor Vehicles Act, 1988, Section 66 -- Motor Accident - Findings of Criminal Court are not binding on Tribunal - Tribunal has to come to an independent conclusion on the basis of materials placed before it...........
Insurance claim -- Photocopier - Loss of - The copier was insured while in `Tehsil Kachaheri Baramati' whereas the loss occurred at `Sessions - Courts compound at Baramati' which are two different locations - Appellant-insured did not get the policy endorsed on change of location - Held that the terms and conditions of the policy are binding on the parties - In this case..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - If two inferences are possible from a given set of circumstances then view drawn by lower Appellate Court is binding on the High Court in second appeal - Adopting any other approach is not permissible - High Court cannot substitute its opinion for the opinion of the first appellate court unless it is found that..........
