Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Time barred debt - Loan transaction taking place in 1994 and cheque for repayment of loan issued for the year 1999 - Loan amount became time barred in the year 1997 - Held, there is no legal bar for the debtor agreeing to pay the time barred debt - No fresh consideration is required for debtor's..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Advocate - Legal services - Deficiency in service - Appellant-complainant failed to give instruction despite notices - The Court permitted withdrawal of the Counsel from the case after satisfying itself that the client had been duly informed - No deficiency in rendering legal services could be imputed against the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim Injunction - Reliance on earlier decision - Suit for Permanent Injunction by Mandir through Mahant - Courts below relied on findings recorded in some other litigation - Granted interim injunction holding that prima facie Mahant entitled to manage properties of Mandir - Orders challenged on ground that appeal..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Insurance claim - The right of inheritance opened on the date of death of insurer on 10.11.1997 - Both the complainants daughter and son were minors, they were under disability to file claim - Repudiation of claim in the year 1999 - Complainants being legal heirs of the deceased had right to file complaint - The..........
Hindu Succession Act, 1956, Section 6, 8 -- Hindu Law - Succession - Appellant, three sisters and respondent (plaintiff) two sons born to coparcener who died in 1989 - Property in hands of father of parties - One son (plaintiff) born in 1938 and other son born in 1956 - No evidence on record if second son was born before or after coming into force of Hindu Succession Act,..........
Consent decree -- Scope of - Legal implications - Valid unless set aside - Binding on the parties - Principle of res judicata stricto sensu not applicable - Principle of estoppel applies...........
Ejectment -- Suit for ejectment after death of original tenant - Necessary parties - Effect of non-impleadment of all heirs of tenant - Suit for ejectment filed against wife of tenant - Minor children not impleaded as party - Suit decreed - Decree challenged by children on attaining majority on the ground that they being necessary party, having not made parties, decree not..........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Concession by counsel - It is binding on party - However, matter is different if concession is made on a question of law - A wrong concession on legal question is not binding upon client...........
Criminal Procedure Code, 1973, Section 173, 397 -- Electricity Act, 1910, Sections 39.39A and 44 - Framing of charge - Theft of electricity -The correctness of the method adopted by the prosecution to infer theft, legal value to be assigned to the report submitted by inquiring officer are matters for the prosecution to establish on the basis of evidence - To draw a..........
Agreement to sell -- Specific performance - Coparcenary property - Sale cannot be preempted or thwarted only on the ground that the same is likely to affect the rights of the coparceners - A Karta or Manager is entitled to sell the property belonging to co-parcenes if it is for legal necessary and it is for the benefit of the estate - These facts have to be established..........
