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December 2017

IMP – FUTURE PROSPECTS- Future prospect to to be added on stand­ardised percentage for Self employed, Fixed salary person even after the age of 50.

By | December 9th, 2017|Future Prospects|

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Election Petition was withdrawn, at the instance of petitioner herself-Thereafter, she is not entitled to challenge the said election on that very same grounds as mentioned in earlier election petition

By | December 8th, 2017|Election Laws|

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Revision–Sanad Takseem—Challenge to–At the first instance, remedy lies before the Financial Commissioner by way of revision

By | December 8th, 2017|Partition Proceedings|

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Senior Citizens—Once there is a tribunal of three members, the District Magistrate has no jurisdiction to take decision alone and the decision has to be taken unanimously or by way of majority.

By | December 8th, 2017|Senior Citizen|

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Insurance—’Medi Claim Policy—Pre existing condition’–In absence of any cogent evidence brought on record by Insurance company presumption on the basis of observation by hospital cannot be drawn that patient was suffering from hypertension before taking the policy.

By | December 8th, 2017|Lok Adalat|

Comments Off on Insurance—’Medi Claim Policy—Pre existing condition’–In absence of any cogent evidence brought on record by Insurance company presumption on the basis of observation by hospital cannot be drawn that patient was suffering from hypertension before taking the policy.

Gram panchayat can prepare utilization plan for Shamlat deh, subject to approval of panchayat samiti-While granting approval, it was the duty of the Panchayat Samiti to have ensured that due process of law has been followed- In present case, it has failed to discharge that burden—Mere approval of the resolution has been granted-Hence, the allotment of land for use as hospital cannot be legally sustained

By | December 6th, 2017|Shamilat Deh|

Comments Off on Gram panchayat can prepare utilization plan for Shamlat deh, subject to approval of panchayat samiti-While granting approval, it was the duty of the Panchayat Samiti to have ensured that due process of law has been followed- In present case, it has failed to discharge that burden—Mere approval of the resolution has been granted-Hence, the allotment of land for use as hospital cannot be legally sustained

Eviction—Nuisance Air Pollution–Tenant running business of saw machine for last 40 years in a commercial area but that does not mean that for all times to come, a tenant if is in an inconvenience and the nuisance causing business cannot be agitated

By | December 6th, 2017|Punjab Rent Act|

Comments Off on Eviction—Nuisance Air Pollution–Tenant running business of saw machine for last 40 years in a commercial area but that does not mean that for all times to come, a tenant if is in an inconvenience and the nuisance causing business cannot be agitated

Secondary Evidence—Application should not be dismissed without giving a chance to prove on record the existence or loss of original document.

By | December 6th, 2017|Seconday Evidence|

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It is a settled principle of law that the plaintiff cannot be allowed to lead evidence in rebuttal in respect of an issue, the onus of which was on the plaintiff himself.

By | December 6th, 2017|Evidence - Civil|

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Suit for Joint Possession-Plaintiff claiming herself to be in possession of the suit property and has not sought any consequential relief of possession-There can be no question of affixing the court fees for the relief of possession which is not sought

By | December 5th, 2017|Court Fees|

Comments Off on Suit for Joint Possession-Plaintiff claiming herself to be in possession of the suit property and has not sought any consequential relief of possession-There can be no question of affixing the court fees for the relief of possession which is not sought

Civil Procedure Code, 1908, O.9 R.13 & O.7 R.1–Exparte Decree—Setting aside of- -There has to be specific address regarding parentage, house number and place of residence

By | December 5th, 2017|Exparte Decree|

Comments Off on Civil Procedure Code, 1908, O.9 R.13 & O.7 R.1–Exparte Decree—Setting aside of- -There has to be specific address regarding parentage, house number and place of residence

Damages—Fatal Accident—Suit filed by petitioner for personal damages due to murder of her husband—Limitation to file suit for damages is two years from the date of death of victim.

By | December 4th, 2017|Limitation Act|

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Exparte Decree-Setting aside of–Process server had allegedly effected the service upon the petitioner which was witnessed by Village Chowkidar and it is the same very Chowkidar who has caused proclamation—This fact should have been taken notice of and appellate court ought to have recorded satisfaction and ordered for publication

By | December 4th, 2017|Exparte Decree|

Comments Off on Exparte Decree-Setting aside of–Process server had allegedly effected the service upon the petitioner which was witnessed by Village Chowkidar and it is the same very Chowkidar who has caused proclamation—This fact should have been taken notice of and appellate court ought to have recorded satisfaction and ordered for publication

Execution of Decree-Objection– Framing of Issues-Contention that third party objection should have been decided by framing the issues-Held; The court is not obligated to follow regular procedure in every false and frivolous objections

By | December 4th, 2017|Execution|

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Village Common Lands—Utilization of Shamlat Land—Where the area to be utilized for common purpose is less than 100 acres neither the approval of the Panchayat Samiti, nor the approval of the appropriate Government is required to be obtained.

By | December 4th, 2017|Shamilat Deh|

Comments Off on Village Common Lands—Utilization of Shamlat Land—Where the area to be utilized for common purpose is less than 100 acres neither the approval of the Panchayat Samiti, nor the approval of the appropriate Government is required to be obtained.

Municipal Council—Nominated Members does not have right to contest elections for the post of president of municipal council but there is no restriction as to cast vote in such election. Municipal Council—Nominated Members—Tenure of—Use of the word ‘co-s’ explained

By | December 3rd, 2017|Haryana Municipal Act|

Comments Off on Municipal Council—Nominated Members does not have right to contest elections for the post of president of municipal council but there is no restriction as to cast vote in such election. Municipal Council—Nominated Members—Tenure of—Use of the word ‘co-s’ explained

Trade Marks—Infringement of—Plaintiff had registered trade mark “MOHUN’S”—Defendant adopted trade mark “MOHAN’S” for same description of goods—Injunction granted by trial court in favour of plaintiff set aside.

By | December 3rd, 2017|Corporate cases|

Comments Off on Trade Marks—Infringement of—Plaintiff had registered trade mark “MOHUN’S”—Defendant adopted trade mark “MOHAN’S” for same description of goods—Injunction granted by trial court in favour of plaintiff set aside.

Limitation Act, 1963, S.5-Condonation of Delay-Delay in filing the appeal or revision cannot and shall not be mechanically considered and in the absence of sufficient cause delay shall not be condoned.

By | December 2nd, 2017|Limitation Act|

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