Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appeal has been filed after an inordinate delay of 26 years - Admittedly, no notice was issued and appeal was admitted on first day of hearing without issuance of notice to petitioner - Appellate authority has not only ignored the provisions envisaged under the Act but also overlooked..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation- Question as to whether deceased died as a result of vehicular accident, cannot be gone into in appeal, particularly when both the Courts below have premised their orders on foundation that death of deceased was definitely as a result of an accident as projected - However, High Court scaled down the amount..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 364, 120B -- Suspension of sentence during pendency of appeal - Appeal against conviction- Kidnapping for ransom - Accused already undergone 3 years, 5 months and 27 days of sentence out of 8 years - Left leg of accused is amputated - It would entail lot of difficulty as such to accused if he is..........
Partial partition -- Maintainability - If land in question is found to be property which can be dealt with by Revenue Court then, it would be bad for partial partition - However, if it is found that plaint scheduled property falls outside the scope of S.4 and S.158(2)(xvii) of Punjab Land Revenue Act then it is not open to urge plea of partial partition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ex parte temporary injunction - An appeal lies thereagainst and not a petition under Article 227 of the Constitution of India...........
Will -- Execution - Will executed in the year 1954 and more than 67 years elapsed - Plea that there is no requirement to prove the execution of Will as presumption in favour of execution of Will is there u/s 90 Evidence Act is fallacy and has no merit...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Issue of res judicata - Issue of res judicata is a mixed question of law and fact depending upon pleadings of parties, the parties to the suit etc. - It is not a plea in law alone or which bars jurisdiction of Court or a statutory bar - Order of High Court directing trial Court to frame..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Storage charges - Matter not covered by Exclusion Clause in terms of Policy - National Commission rightly directed appellant to pay complainant a sum of Rs.80,18,944 towards storage charges - Appeal dismissed...........
Constitution of India, 1950, Article 226, 227 -- Writ petition - Arbitral award - High Court ought not to have entertained the writ petition u/arts 226, 227 of Constitution against award made by Arbitrator made under Arbitration Act and against an order passed by trial Court making the award a decree and without availing alternative statutory remedy available by way of..........
Evidence Act, 1872, Section 32 -- Dying declaration - PW10 who recorded statement of deceased had knowledge of spoken language of deceased - Plea that translator was not examined, therefore adverse inference was required to be drawn rejected...........
