Succession Act, 1925, Section 278 -- Letters of administration - Objections - Locus standi - Merely because judgment in a testamentary case operates in rem, it does not mean that any and every person can file objections - Only such persons can file objections who would either be the legal heirs of the deceased testator under the Hindu Succession Act, 1956 if the deceased..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1169 days in setting aside ex parte decree - There was considerable inaction on part of defendant and bonafides in presentation of application become suspect - Defendant was well aware of proceedings but what prevented him from approaching Court in time is not on record - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt or liability - Promissory note executed - Word `security' used in promissory note - It implies that once amount is paid cheque has to be returned - In case amount was not paid then cheque was liable to be presented for otherwise there was no logic or reason for their having been issued and handed..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Jurisdiction of civil Court - Jurisdiction u/s.34 of the Act is not appellate in nature - Once it is proved that Arbitral Tribunal has taken plausible view, after assessing material evidence and analyzing the relevant clauses of the contract - Award passed by an Arbitrator cannot be..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - 75% deduction for development charges - Evidence on record shows that acquired land can be utilized for setting up a housing colony and that there was overall growth in and around the municipality - Deduction limited to 1/3rd of the market value which is the normal practice - Since the land was..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Personal necessity - Landlady required premises for setting up departmental store - She was working in USA and retired from her job - Plea of tenant that landlady has sufficient accommodation available for starting her departmental store in the form of two vacant shops and first and second floor of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte order of eviction - Setting aside - Limitation - No limitation is prescribed for filing an application for setting aside ex parte eviction order as provisions of Limitation Act are not applicable to proceedings under the East..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex Parte decree - Setting aside - Service of summons served without copy of plaint - Service cannot be aid to be legal or a mere irregularity - Service of service not accompanied with copy of plaint is not due service - Order setting aside ex parte eviction order upheld...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Ex parte decree - Res judicata does not apply when proceedings for setting aside ex parte decree are still pending - Doctrine applies only to finality of judgment of an earlier suit between same parties and in respect of same subject matter and not in respect of matter where issues are still at large awaiting further..........
Civil Procedure Code, 1908, Section 11, Order 26, Rule 9 -- Local Commissioner - Plea that suit is barred by res judicata and that an application in a incompetent suit is not maintainable - Res judicata does not apply when proceedings for setting aside ex parte decree are still pending - Held, Local Commissioner, in such a suit, can be appointed...........
