Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Refusal to grant - No prima facie case made out by appellants - Appellants are in possession of disputed property - Committed breach of trust of N.I.T. and public at large and in particular the poor passengers, patients and relatives for many years - Held, balance of convenience cannot lie in favour of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Appeal against - Maintainability of - Objections were raised before trial court U.O.23.R.3 of CPC in passing decree based on agreement or compromise - Held, appeal u/s 96(1) would be maintainable...........
Punjab Municipal Corporation Act, 1976, Section 146,147 -- Appeal - House tax - Pre-deposit - Requirement of - Held, appellate authority can require pre-deposit of disputed amount of house-tax, which is subject matter of appeal - Demand of subsequent amount of house-tax accrued upto-date, cannot legally be raised to enable assessee to file appeal - Assessee liable to..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Setting aside of - Partition suit decreed - In first appeal decree modified on the basis of compromise between parties - Defendant No.1 filed cross appeal challenging correctness of decision of appellate Court on the ground that compromise neither recorded by appellate Court nor parties were present in..........
Indian Penal Code, 1860, Section 376, 386 -- Rape - Appeal against acquittal by High Court - Neither any incident of administration of threat to family nor facts that prosecutrix and her family members were forced to travel to place of marriage reported to police - Nothing on record that accused at any point of time, coerced or threatened the prosecutrix and her family..........
Mediclaim policy -- Insurance claim - Repudiation - Suppression of material fact - There is no iota of evidence on record to prove that the complainant had any kind of knowledge with regard to the ailment with which he suffered in the year 2004, i.e. after about 9 months of taking the mediclaim policy - It cannot be said that at the time when the proposal form was filled..........
Mediclaim policy -- Insurance claim - Repudiation - Suppression of material fact - There is no iota of evidence on record to prove that the complainant had any kind of knowledge with regard to the ailment with which he suffered in the year 2004, i.e. after about 9 months of taking the mediclaim policy - It cannot be said that at the time when the proposal form was filled..........
Consumer Protection Act, 1986, Section 15, 21(b) -- Appeal - Limitation - Condonation of delay - Delay of more than 10 months in filing appeal before the State Commission and delay of more than one year in filing revision - No cogent and sufficient ground has been mentioned seeking condonation of delay, except for bald assertion that discussions were going on between the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought that property in question is a Trust Property - Tenant had already taken point before Prescribed Authority - After going through all evidence and record, Prescribed Authority allowed release application of landlord - Held, tenant, on same grounds, cannot take same plea in..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Murder - Appeal against conviction - Dead body of deceased found floating in pond - As per informant he heard that his father was last seen with appellants fighting at hattola over some loan dispute - Recovery of articles which deceased said to be carrying on fateful evening, cannot be admitted in..........
