Permalink GalleryCriminal Complaint—Exemplary Costs—Unexplained delay of 8 years filing— Insecticides—Exemplary costs of Rs. 1 lakh imposed on the then Insecticides Inspector to be paid from his personal pocket for wasting time of courts on complaint Quashing—When taking of cognizance by the Court itself is prohibited; in case the complaint not filed within the prescribed period then the subsequent proceeding in the form of summoning order also stands vitiated.
August 2019
Permalink GalleryAccident—Insurance—Pay and Recover— Disputed questions of fact regarding whether cover note was issued or cover note book was lost as alleged by Insurance Company—Insurance Company directed to pay compensation to claimants as awarded by MACT— Matter remanded back to Tribunal to go deep into issue of liability to pay between owner or insurer
Permalink GalleryRejection of Plaint—Suit for declaration—Respondents-plaintiffs were in possession of the suit property, the issue whether they are entitled for partition or declaration is a controversy that needs to be decided on merits and on the basis of evidence to be adduced—Application under 0.7 R.ll CPC held to be rightly dismissed
- Permalink Gallery
Amendment of Written Statement—Suit as to who is legally wedded wife of deceased and is entitled to retrial benefits—Trial court dismissed the application on the ground that petitioner was not able to show as to when she attained knowledge of the fact, which warranted amendment in written statement, after commencement of trial—To decide real controversy application allowed
Permalink GalleryAgreement to Sell—Grant of decree for specific performance is discretionary relief and the court is not bound to grant such relief merely because agreement to sell is proved Withdrawal of Suit—Compromise decree cannot be restricted to prayer made in the suit and it can be even beyond the subject matter of the suit
Permalink GalleryAcknowledgment of Debt—Once income tax deducted at source on the accrued interest is deposited by the defendant, it is also an acknowledgment of the amount payable Acknowledgment of Debt—Twin Requirement—It has to be before the expiration of the prescribed period of limitation for filing a suit or application and has to be in writing signed by the party against whom such property or right is claimed.
- Permalink Gallery
Specific Relief Act, 1963, S. 34—Suit for Recovery—Bahi Entry—Counter Claim—Before a suit for recovery on the basis of the account books is to be decreed, the counter claimant was required to satisfy the conscious of the Court that the account books (basis of claim) have been maintained in the regular course of business and are above suspicion
