Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of cheque number - Cheque number was wrongly mentioned in complaint due to bonafide typographical mistake - Trial Court rightly allowed amendment of complaint...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Having undertaken to indemnify an insured against possible loss in specific situations, an insurance company is expected to make good on its promise in a bonafide and fair manner and not just care for and cater to its own profits...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Ownership of suit property was already with defendant nos. 3 & 4 who claims to be bonafide purchasers at the time of filing of suit - Limitation to file suit expired - Defendant nos. 3 & 4 being bona fide purchasers cannot be put to loss or made to suffer because of lapses in functioning..........
Railways Act, 1989, Section 123, 124A -- Accident - Untoward incident - Compensation - Deceased who procured a valid ticket fell down from running train due to heavy crowd in compartment and jolting of train - Initial burden that deceased was having a valid ticket has been discharged shifting onus on Railway Administration to disprove the said fact - Railway Administration..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Home loan - Pre-condition for home loan was life of borrower will have to be insured - Borrower was subjected to a medical test which showed normal health status - Premium was accepted and retained for life insurance - Insurance process was completed and all mandatory requirements were met -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Maintainability - Trial Court dismissed application u/s 311 Cr.P.C. filed by petitioner holding that same was not bonafide and maintainable at end of trial - Held, the power vested u/s 311 Cr.P.C. can be exercised at any stage of trial - Thus, trial Court is directed to decide application afresh by testing..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Limitation - When there is bonafide mistake done in good faith, matter relates back to original date of filing of suit and impleadment of parties to suit cannot be refused on the ground of limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Rent and Eviction -- Bona fide requirement - Notice by landlord to increase the rent - Notice has nothing to do with bonafide requirement when landlord is statutorily prohibited from increasing the rent...........
