Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to the suit - A stranger not permitted to file appeal - However appeal at the instance of a `person aggrieved' can be filed with leave of Appellate Court - Expression `person aggrieved' does not include a person who suffers from a psychological or an imaginary injury - A person aggrieved must,..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Enhanced compensation - Furnishing security to withdraw amount of enhanced compensation - However, appellant is ready and willing to deposit entire enhanced amount of compensation as awarded by Reference Court - Considering said fact and in the interest of both the parties, original claimants are permitted to..........
Adverse possession -- Plea of adverse possession and title are mutually inconsistent, as plea of adverse possession does not begin to operate unless and until plea of title is given up...........
Adverse possession -- Plaintiffs claiming exclusive ownership with regard to property in question based upon an oral agreement to sell purported to be executed by defendant in favour of their predecessor-in-interest - Possession of plaintiff is thus, permissive in nature - In absence of any deed of title much less deed of registered sale and in absence of specific plea of..........
Limitation Act, 1963, Article 65, 109 -- Limitation - Suit for possession filed by daughter - Co-parcenary property - Limitation for suit for possession on basis of title is 12 years - Trial Court held that suit is within limitation - However, first appellate Court merely on the grounds that it was a suit for declaration, limitation was 3 years had dismissed suit and so..........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Claim for compensation - Developer offered exit option with interest at 9% - Would not disentitle flat purchaser from claiming compensation...........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Refund of consideration together with interest - Does not provide a just recompense to a genuine flat buyer, who desires possession and remains committed to the project...........
Evidence Act, 1872, Section 114(e), 90 -- Documents executed by public authority - Documents more than 30 years old - Certified copy of Ex.D1 vesting title by Municipality, in favour of plaintiff's vendor produced - Plaintiff produced photocopies of all other resolutions, government orders and sale deed in favour of their vendor, by Municipality - Documents produced from..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendant borrowed Rs.5 lakhs from plaintiff and agreed to pay with interest - Ability to advance sum of five lakhs - Plea of defendant is that plaintiff is stranger and he does not know him - Defendant had not let in sufficient evidence to dislodge presumption u/s 118 of the Act - Suit..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Order of acquittal by Courts below set aside - Quantum of sentence - Complaint filed in 2013 and amount became due to complainant after date of notice - Accused utilized said amount till date therefore, some amount granted to complainant above the cheque amount towards interest - Directions issued...........
