Civil Procedure Code, 1908, Section 11, Order 8, Rule 6A -- Counter claim - Suit dismissed and counter claim decreed - Appeal against order allowing counter claim has to be filed separately - Composite appeal is not maintainable against judgment and decree of trial Court by plaintiff whereby suit was dismissed and counter claim was decreed - Admittedly, no separate appeal..........
Joint family property -- Suit for partition - Execution of relinquishment deed - Plaintiffs executed relinquishment deed and relinquished their right, title and interest in joint family properties on their own will and volition receiving an amount of Rs.6 lakhs from defendants - But later they took the plea that deed was obtained by fraud - Except ipse dixit statement of..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(8) -- Rent and eviction - Application of petitioner/tenant for leave to defend was dismissed - As per petitioner, there being two separate shops which has been merged into one and dissolution deed of firm accepts petitioner as tenant of 1/3rd premises and he is liable to pay his share of 1/3rd rent is clear indication of..........
Criminal Procedure Code, 1973, Section 427(1) -- Concurrent running of sentences - Offences in question constituted a single transaction between same parties for a block period, but split up by prosecution into three separate cases - Evidence was also common and so as conviction - Substantive sentences directed to run concurrently, except default sentence if the fine by..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Husband and wife living separately for more than 17 years - Wife ready to go back to matrimonial house provided husband lives separately from his mother - Demand of wife for separate house, not acceptable to husband, owing to responsibility of a son - No marital bondage remain..........
Motor Vehicles Act, 1988, Section 160 -- Accident - Tractor attached to trolley carrying goods - It is a vehicle of the category of light motor vehicle - Driver having licence to drive LMV can drive such a transport vehicle of LMV class and there is no necessity to obtain separate endorsement - Held, there is no breach of the conditions of insurance policy - Liability is..........
Motor Vehicles Act, 1988, Section 2(10) -- Driving licence - A driver is required to hold a licence with respect to the class of vehicles and not with respect to the type of vehicles - In one class of vehicles, there may be different kinds of vehicles - If they fall in the same class of vehicles, no separate endorsement is required to drive such vehicles - As light motor..........
Motor Vehicles Act, 1988, Section 2(10), 2(21), 2(15), 2(47), 2(48), 3, 10 -- Light motor vehicle - Transport vehicle, omnibus, a motor car or tractor or a road roller, the gross vehicle weight or unladen weight of which does not exceed 7500 kg - Would be a light motor vehicle - No separate endorsement on the license is required to drive a transport vehicle of said light..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of six cheques - Cheques issued in consequence of OCC/OD limit of Rs.50 lakhs availed by accused from complainant bank which makes a legally enforceable liability qua accused - Cheques and demand notices issued on different dates constituting separate cause of action - It does not form one single transaction rather..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 12 -- Rent and eviction - Failure to pay admitted arrears of rent - Court directed tenant to put landlord in possession of tenanted premises - No opportunity of hearing provided to tenant - Order passed set aside as there should be opportunity to tenant why he could not remit rent as ordered within time..........
