Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Legal Representation - Permission to file affidavit of LR as plaintiff - Once plaintiff had filed affidavit and he was even partly cross-examined and thereafter he closed his evidence, LR who stepped into shoes of plaintiff after his death cannot file another..........
Insolvency and Bankruptcy Code, 2016, Section 60(5)(c) -- Corporate Insolvency Resolution process (CIRP) - Payment of professional charges to Registered valuer - Appellant appointed as registered valuer by Resolution professional in pursuance of initiation of CIRP - He claims to have conducted valuation work of over 84 sites and to have visited 40 sites - NCLT as an..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5, Order 43, Rule 1(c) -- Composite application U.O.9.R.9 & S.151 CPC and S.5 Limitation Act - Rejection of said application - Appellate Court held that order passed amount to an order passed U.O.43.R.1(c) CPC and appeal thereagainst is maintainable - There is no order on merits of the..........
Agreement to sell -- Refund of advance amount - Defendant admitted execution of agreements for sale and its execution - He also admitted that he accepted partial sale consideration of Rs.10 lacs and by his own act and conduct of remitting Rs.2,50,000 to plaintiff, as sale deed was not executed - Trial Court rightly directed defendant to remit Rs.7,50,000 alongwith 6%..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and permanent injunction - Plaintiff sought declaration in respect of Will allegedly executed by her late father and consequential relief of permanent injunction restraining defendants from mutating land on basis of alleged Will - Alternative relief also sought..........
Waiver -- Waiver is an intentional relinquishment of a right - Mere acts of indulgence will not amount to waiver - A party claiming waiver would also not be entitled to claim the benefit of waiver, unless it has altered its position in reliance on the same...........
Hindu Minority and Guardianship Act, 1956, Section 6(a), Guardians and Wards Act, 1890, Section 8 -- Custody of minors - Claimed by father - Mother of children committed suicide - Maternal grandfather of children has taken away them to his home - Grandfather of children stated that he being a Real Estate owner earning huge amount with which he will be able to educate them..........
Consumer Protection Act, 1986, Section 12 -- Allotment of flat - Delay in handing over possession of flat - Once NCDRC awarded interest for delayed handing over possession, there would be no justification to award an additional amount of Rs.2 lakhs - Direction to pay compensation of Rs.2 lakhs towards loss of rent set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court commissioner - To measure suit property would not amount to collection of evidence in a suit for declaration and possession...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 9A, 25A, 23, 29 -- Appeal against grant of bail - Contraband - High Court while granting bail not applied mind to rival submissions, particularly to seriousness of allegations involving offence punishable under NDPS Act - Merely recording submission of parties does..........
