Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Plaintiffs and defendants were claiming independent title in respect of suit properties by virtue of relinquishment deed executed by father of plaintiffs in favour of father of defendants - Possession of suit property relinquished was delivered to father of defendants as..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title based upon Will - Apprehension that defendants may create third party interest or alienate property since certain revenue records are said to have been made in their favour in respect of very same property - Defendants rightly restrained by appellate Court..........
Service -- Back wages - Petitioner claiming back wages for period subsequent to order of reinstatement when he remained out of employment in view of order of stay granted by appellate Court - On dismissal of appeal of management and stay being vacated, order of setting aside termination and ordering reinstatement came to be confirmed - Therefore, as a natural consequence,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant contended that his non-appearance or his counsel on adjourned date was neither intentional nor deliberate, as he had asked his counsel to move application for exemption but because..........
Coal Mines (Nationalisation) Act, 1973, Section 3(1), 2(h)(xi), Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Eviction decree - Validity - Orders evicting unauthorized occupants from public premises at mines area - Challenge as to - Acquisition and transfer of title and interest of owners of coal mines and vested in Central Government - Since..........
Hindu Succession Act, 1956, Section 19 -- Tenant in common - When all the members who succeed to properties of a deceased are female, interest received by each of them is as tenant in common...........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment - Award of Lok Adalat - Compromise arrived at between parties during pendency of execution petition when matter was referred to Lok Adalat - Parties are bound by compromise in the matter of execution - Decree can be executed insofar as they are concerned only as per terms of compromise - Since, JD failed..........
Family Settlement -- Receiving consideration by one party by stating to have no claim, right, title and interest over the property in question - Such a document is compulsorily registrable with appropriate stamp duty etc...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Permanent disability for life - In view of physical condition, victim is entitled to one attendant for rest of his life though he may be able to walk with the help of assistant device - Device also requires to be replaced every 5 years - Victim not only lost his childhood but also adult life - Loss of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5, 22 -- Property of senior citizen - Husband of petitioner/senior citizen executed Will in favour of petitioner creating life interest in her favour and as per recital in Will, petitioner can enjoy properties with absolute freedom including right to collect and take all income and to reside in the..........
