CIVIL
Suit for declaration – Limitation – Article 58 of the Schedule to the Limitation Act 21 of 1963 prescribes three years limitation from the date of the order, to seek a declaration. [PLRonline]
Departmental Enquiry Conclusion: Proceedings dated 10-12-1981 resulted in stopping two increments with cumulative effect. Filing of Suit: Suit filed on...
Read moreLimitation to file a suit for declaration is three years.
Limitation to file a suit for declaration is three years. Relevant portion from the said judgment reads as under: -...
Read moreJudgment on Admissions – Order XII, Rule 6, Civil Procedure Code, 1908
Judgment on Admissions - Order XII, Rule 6, Civil Procedure Code, 1908 Overview Admissions of fact made in pleadings or...
Read moreMotor Vehicles Act S. 173(1) – LMV license allows driving vehicles, including bulldozers, under 7,500 kg – Insurer failed to prove the bulldozer’s weight exceeded 7,500 kg – Construction equipment vehicles are non-transport vehicles – Insurers cannot deny liability on technical grounds.[#ID 425761]
Licence to drive a light motor vehicle if its unladen weight is less than 7,500 kgs – Can drive a...
Read moreLimitation Act, 1963 S. 17 – Suit for recovery of earnest money – Limitation for recovering earnest money starts from contract non-performance or fraud discovery, not payment. Plaintiff proved fraud as the defendant had already sold the shops in question. PLRonline #2419302
limitation would start from the date of refusal of the execution of the agreement; as defined under the agreement; or...
Read moreCPC O. 9, R. 13, and S. 96 (2) – proforma defendant is included as a defendant because they have the same rights and interests in the suit property as the plaintiff – – If the plaintiff succeeds, the proforma defendant also succeeds, and if the plaintiff fails, the proforma defendant also fails. [ID# 3311206]
(i)Civil Procedure Code, 1908, Order 9, Rule 13, and Section 96 (2) Judgment and Decree Challenged: The judgment and decree...
Read moreCPC S. 51 – Execution – Imprisonment – Simple default to discharge is not enough – There must be some element of bad faith beyond mere indifference to pay, some deliberate or recusant disposition in the past or, alternatively, current means to pay the decree or a substantial part of it. [#216902]
PLR PLRonline 2006 PLRonline 0205 . SUPREME COURT OF INDIA Before:- V.R. Krishna Iyer and R.S. Pathak, JJ. Jolly George Varghese and another - Appellants...
Read moreIndigent person – Motor vehicles Act. [1979 PLRonline 0002]
State of Haryana v. Darshana Devi, (SC) 1979 PLRonline 0002 SUPREME COURT OF INDIA Before:- V. R. Krishna Iyer and...
Read moreIndigent person – Right to justice – The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply the exemptive provisions of Order 33, CPC. [PLRonline]
2. The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply...
Read moreIndigent person – Is only a provision for the deferred payment of the court fees and this benevolent provision is intended to help the poor litigants who are unable to pay the requisite court fee to file a suit because of their poverty. [PLRonline]
Application of Order XXXIII of the Code, principles : (i) It is an enabling provision for filing of a suit...
Read moreIndigent person – Payment of court fees as the scheme suggests is merely deferred. It is not altogether wiped off. [PLRonline]
R.V. Dev v. Chief Secretary, Govt. of Kerala (2007) 5 SCC 698, in para 8 whereof it was observed :...
Read moreIndigent person [PLRonline]
Concept of an indigent person :- "16. The concept of indigent person has been discussed in Corpus Juris Secundum (20...
Read moreLegal support – A refusal by a lawyer or two in not taking the case of the petitioner does not mean that the petitioner cannot avail of professional services
“For the above circumstances, I gather an impression that the petitioner is extremely suspicious by nature. He has no faith...
Read moreSpecific Relief Act, S. 31 – Unilaterally a person cannot execute what is styled as a deed of cancellation. [PLRonline]
It is permissible for them to execute one more document to annul or cancel the earlier deed. Only if an...
Read moreRegistered document – Once such an instrument is registered, the said registration has the effect of informing and giving notice to the World at large that such a document has been executed. Registration of a document is a notice to all the subsequent purchasers or encumbrances of the same property. [PLRonline]
Law provides for the cancellation of such instruments which are also non est, but which are in existence as a...
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