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Civil Law Judgments and Orders

Land Acquisition and Requisition

 05 November 2008

Challenge of land acquisition proceedings by subsequent purchaser is not permissible. ..

Posted in Civil Law |    hits

Remand of case

 23 October 2008

An order of remand should not be passed routinely by the appellate court-if does not agree with the decision of the trial court...

Posted in Civil Law |    hits

M V Act compensation- license

 11 October 2008

Driver of the crime vehicle not having valid license- hence insurance company has no liability- owner of the crime vehicle is liable to pay compensation. ..

Posted in Civil Law |    hits

SC seeks Centre’s response on ‘discrimination’ over pension

 08 October 2008

The PIL, filed through advocate N R Shonker, claims that those who retired before 1998 were denied the benefit of revision of pension. The petitioner urged the Court to declare that denying revision of pension benefits to pre-1998 pensioners while gr..

Posted in Civil Law |    hits

Additional Evidence

 30 September 2008

Civil Procedure Code, 1908, Order 41 Rule 27 - Additional evidence - Second appeal stage - Industrial plot - Resumption order - Legal notice on behalf of respondents sought to be placed on record at second appellate stage - Difference of opinion betw..

Posted in Civil Law |    hits

Second Appeal

 29 September 2008

(A) Hindu Succession Act, 1956, Section 14(1) - Widow was possessed of the land in question in lieu of her right of maintenance - Sub-section (1) of section 14 of the Act clearly be attracted. (Paras 13 and 18) (B) Civil Procedure Code, 1908, S..

Posted in Civil Law |    hits

Second Appeal

 26 September 2008

Civil Procedure Code, 1908, Section 100 - Second Appeal - Merely because the Trial Court had occasion to see the witness that cannot be a ground to hold that First Appellate Court had pre-conceived notion - No reasons had been indicated by the High C..

Posted in Civil Law |    hits

Specific performance

 26 September 2008

Specific Relief Act, 1963, Section 16(c) - Specific performance - Agreement to sell - Readiness and willingness - Compliance with, has to be in spirit and substance and not in letter and form - Can be seen from the conduct of the plaintiff as a whole..

Posted in Civil Law |    hits

Consumer Court

 26 September 2008

(A) Consumer Protection Act, 1986, Sections 10(3) and 16(2) - Jurisdiction of Court - Judicial restraint - High Court directing state Government to constitute at least five State Consumer Forums at State Level as used under Section 16 of Consumer Pro..

Posted in Civil Law |    hits

Condonation of delay

 26 September 2008

: Condonation of delay of 116 days in filing the writ appeal — application rejected — the State of Kerala have made out sufficient cause for condonation of delay in filing the appeal — the Division Bench of the High Court is requested to dispose of t..

Posted in Civil Law |    hits

working on short term contract not be a govt servant

 23 September 2008

In this case the respondent was engaged or hired on contract to work as Drugs Inspector for a period of six months from the date of joining or till a candidate selected by UPSC joined on regular basis whichever was earlier. An advertisement was issue..

Posted in Civil Law |    hits

Time Limit U/S 134 of Limitation Act, is Mandatory in nature

 23 September 2008

Appellant filed the suit on the basis of a promissory note executed by respondent, which was decreed in his favour by the trial court. Subsequently, in execution proceedings, the appellant purchased the judgment debtor (respondent’s) property in cou..

Posted in Civil Law |    hits

Jurisdiction of Court

 22 September 2008

(A) Evidence Act, 1872, Section 5 - Relevancy of fact - Admission - Made by party can be used against him - When such admission is made by a Karta of a Hindu undivided family, who is managing the family property as well as family business affairs - S..

Posted in Civil Law |    hits

Jurisdiction of Court

 22 September 2008

(A) Consumer Protection Act, 1986, Sections 10(3) and 16(2) - Jurisdiction of Court - Judicial restraint - High Court directing state Government to constitute at least five State Consumer Forums at State Level as used under Section 16 of Consumer Pro..

Posted in Civil Law |    hits

Compromise Decree

 22 September 2008

Civil Procedure Code, 1908, Order 23 Rule 3 and Rule 3A - Compromise decree - Held that while it is true that decrees of civil Courts which have attained finality should not be interfered lightly, challenge to such compromise decrees by an aggrieved ..

Posted in Civil Law |    hits

Appeal -Scope

 19 September 2008

(A) Promissory estoppel - Pay protection - Appellant had been given the benefit of pay protection - Offer of appointment cannot be read so as to extend such benefits in regard to the applicability of the recommendations of the Fifth Pay Commission wh..

Posted in Civil Law |    hits

Validity of Shorter Limitation

 18 September 2008

Major Port Trust Act, 1963 - Section 120 - Notice - Limitation - Validity of Shorter Limitation - A provision of the Act providing for a shorter period of limitation cannot be declared to be unconstitutional simply because in some of the Statutes a l..

Posted in Civil Law 1 comments |    hits

Condone the Delay in Filing Appeal

 18 September 2008

Telecom Regulatory Authority of India Act, 1997 - Section 14 A (2) (3) & 18 - Statutory Appeals - Condone the Delay in Filing Appeal - Point in issue was of general importance and since there was no Authoritative Pronouncement - Whether "in the facts..

Posted in Civil Law |    hits

Costs

 18 September 2008

(A) Succession Act, 1925, Section 284 - Letter of administration - Grant of - Caveat filed by respondent opposing the grant claiming only a creditors interest in the estate of the deceased - Appellant moved notice of motion conceding claim of respond..

Posted in Civil Law |    hits

Jurisdiction of Family Courts

 18 September 2008

A. Criminal Procedure Code, 1973 ― Section 125 ― Maintenance ― Muslim divorced woman ― Not entitle to make an application under Section 125 of Cr.P.C. for maintenance against her former husband ― However; if she does not..

Posted in Civil Law |    hits