Registration Act, 1908, Section 17(2) -- Family settlement - Decree based on admission of parties - Did not require registraton as decree did not create any title for the first time - Appellant had pre-existing rights in respect of disputed property. 2006(2) PLJ 403(SC) Som Dev's case relied...........
Courier services -- Parcel not delivered to addressee the value of which claimed to be Rs.42,000/- - The value of parcel was not pre-declared nor the parcel was got insured for that estimated value by the respondent - Award of Rs. 47,000/- by the District Forum - Liability for loss of the parcel in question under the terms restricted to Rs.50/- - Held that Amount as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Pre-mature suit - Suit not to be dismissed if it discloses a cause of action and by the time written statement came to be filed or by the time Court is called upon to pass a decree, plaintiff is found entitled to the relief prayed for in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Pre-mature suit - Objection as to - Plea cannot be permitted to be raised at a belated stage of the suit...........
Hindu Succession Act, 1956, Section 22(1) -- Preferential right of a co-heir to purchase the property of other co-heir - This right is akin to the right of pre-emption - Expression 'one of such heirs proposed to transfer his or her interest' also include the final transfer of such interest by way of sale, gift or any other mode - Right of pre-emption is not obliterated..........
Indian Penal Code, 1860, Section 302, 34 -- Conviction based on circumstantial evidence - Body of deceased was found in office of accused - Knife was there on the table with blood stains - Accused unable to explain about the injuries on the deceased - Held, that proof of motive is of no consequence when the evidence is strong and when circumstances speak loudly - Dispute..........
Insurance Claim -- Mediclaim policy - Repudiation - Suppression of pre-existing disease - No evidence adduced by the petitioner - Insurance Company in regard to respondent having received treatment for diabetes mellitus or he being aware of suffering from that disease before purchase of mediclaim policy - Fora below rightly passed the award repelling the aforesaid defence..........
Banking service -- Home loan - Pre-payment charges - Unfair trade practice - Clause in Arrangement letter clearly mentioning pre-payment charges when the loan is preclosed - Complainant with open eyes agreed to the terms stated therein - For that reason he is duty bound to pay the charges so claimed - Order of the District Forum dismissing the complaint upheld...........
Insurance claim -- Repudiation - Ground that insured suppressed about his pre-existing disease - Reliance upon medical certificate submitted by insured to employer for getting leave - Held that repeated stereotyped medical certificates given by the same doctor in similar fashion for number of years without any record of treatment for the same - No affidavit of the doctor..........
Indian Penal Code, 1860, Section 34 -- Common intention - Direct proof is seldom available - Can only be inferred from facts and circumstances of the case - To prove the charge of common intention prosecution has to establish by evidence, by direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are..........
