Evidence Act, 1872, Section 111, 101, 102, 103, 104 -- Settlement deed by old, ailing illiterate person - Onus to prove validity of deed - On defendant - When a person is in a fiduciary relationship with another and the latter is in a position of active confidence - Burden of proving absence of fraud, mis - representation or undue influence - Upon the person in the..........
Evidence Act, 1872, Section 111, 101, 102, 103, 104 -- Validity of transactions between persons standing in a confidential relation to each other - Very material to see whether person conferring a benefit on the other had competent and independent advice - Age or capacity of person conferring the benefit and the nature of the benefit - Of very great importance in such..........
Civil Procedure Code, 1908, Section 100 -- If judgments of trial Court and First Appellate Court based on misinterpretation of documentary evidence or consideration of inadmissible evidence or ignoring material evidence or on a finding of fact has ignored admissions or concession made by witnesses or parties - High Court can interfere in appeal under Section 100 - Yadarao..........
Consumer Protection Act, 1986, Section 27 -- Penalties - Held that the words `any order' used in the language of Sub-section (1) of Section 27 are wide enough - Therefore, an order, which is though not an interim order talked of under Section 13(3B) and enforceable in the manner laid down in Sub-sections (1) and (2) of Section 25, yet has the characteristics of such an..........
Consumer Protection Act, 1986, Section 27 -- Penalties - Object and purpose of the Act is to ensure as to how the interest of the consumer can be best served - The Act is more concerned with the `Redressal of grievance' of the Consumer rather than imposition of punishment on person(s) who fail to omit or comply with the orders of the Forum - It is, therefore, desirable..........
Criminal Procedure Code, 1973, Section 156(2), 200 -- Scope of application under Section 156(3) Cr.P.C. and that of complaint are different...........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 4(1), 5(1), 7(1) -- After issuance of notification under Section 4(1) declaring the area as controlled area - No person can use the land other than the original use of the land at the time of issuance of such notification-Plea that as Government has not prepared and..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 4(1), 7(1) -- Show-cause notice issued not to raise construction - Thereupon applied for change of land use-Permission declined by Authorities - Cannot be allowed to say that any constructions raised prior to publication of notification not violative of Section 7(1)...........
Land Acquisition Act, 1894, Section 11A, 4, 6 -- Computation of period of limitation of 2 years for making award - From last of the dates of publication of declaration - Expression 'date of publication of declaration' in Section 11 - A - A stage subsequent to Section 6 - Has to be the last of the dates out of three modes of publication ordained by statute - Unless all the..........
Land Acquisition Act, 1894, Section 11A -- Award - Making of - Limitation - The expression `date of publication of declaration' appearing in Section 11-A a stage subsequent to Section 6, answering the stipulation `hereinafter' has to be the last of the dates out of the three modes of publication ordained by the statute - In substance the triumvirate modes are cumulative..........
