Land Acquisition Act, 1894, Section 11, 11A -- Explanation - Period within which award shall be made - Exclusion of period of stay - Limitation of 2 years for making an award from the date of publication of declaration U/s 6 - Respondent society apprehensive of Govt. not approving award within statutory period, filed writ petition - High Court stayed the operation of the..........
Evidence Act, 1872, Section 92 -- Exclusion of oral by documentary evidence - Bar is to oral evidence to disprove the terms of a contract, and not to disprove the contract itself, or to prove that the document was not intended to be acted upon and that intention was totally different...........
Limitation Act, 1963, Section 14 -- Exclusion of time - 'Bona fide and due diligence' - Meaning - Provision deals with exclusion of time bona fide spent in prosecuting litigation in a Court having no jurisdiction for purposes of computing period of limitation...........
Tort -- Damages - Child birth after sterilization operation - Operating surgeon or his employer cannot be held liable for compensation unless there is negligence on the part of the surgeon in performing the surgery - Surgeon will be liable if he had assured 100% exclusion of pregnancy...........
Evidence Act, 1872, Section 92 -- Parole evidence - Exclusion of evidence - Fraud transcends all presumptions - Parole evidence rule, well entrenched in Section 92 - Always subject to a proviso that it does not exclude adducing of any evidence which may prove fraud, illegality, want of due execution and want of capacity etc...........
Civil Procedure Code, 1908, Section 15, 20 -- Jurisdiction - Exclusion - To exclude jurisdiction of a Court, intention should be reflected in clear, unambiguous, explicit and specific terms - Terms `Only', `Alone', `Exclusively' are most relevant in exclusion clause...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance policy -Theft - Exclusion clause - Case of the complainant that theft committed by `A' the Depot Manager of the complainant Society - No material produced to show that when they found that lock was broken open and force was used to make entry into godown - Exclusion clause in the policy also attracted as the Depot..........
Motor Vehicles Act, 1988, Section 99 -- Transport Services - Grant of route permit - Formulation of approved scheme - Covering muffusil service - Total exclusion of private operators including operators on town service routes in the approved scheme and even routes overlapping with the notified mofussil services stood covered - Held that unable to accept the conclusion of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 60, Power of Attorney Act, 1882, Section 2 -- All transactions in relation to dishonour of cheque undertaken by power of attorney holder in total exclusion of the payee or holder in due course - In such an eventuality, power of Attorney holder, in addition to his capacity to file complaint, alone..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Jurisdiction - Clause in agreement viz. 'Court of Bombay and no other Court' - Plea of not consciously agreeing to the exclusion of jurisdiction of Courts other than Bombay - Until a clear finding is recorded that Court has territorial jurisdiction to try the suit, no injunction can be granted in..........
