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Showing posts from May, 2024
Sale Of Judgment Debtor's Whole Property Impermissible When Sale Of Part Property Can Satisfy Decree: Supreme Court
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Failure to vacate or decide exparte injunction within fixed time shall for the purpose of filing of appeal shall be treated as final order.
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Husband death on 1929 - suit for declaration and possession by widow dismissed, only right to maintenance allowed - widow adopted son in the year 1959 - supreme court held that, the widow never in possession of Property - adopted son not entitled to partition - Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It.
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Difference between retrospective and Retroactive
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Right To Property | 7 Sub-Rights Which State Must Protect During Land Acquisition: Supreme Court Explains
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Even If Plea Of Limitation Is Not Set Up As Defence, Court Has To Dismiss Suit If It Is Barred By Limitation: SC
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Difference between retrospective and Retroactive
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Difference between retrospective and Retroactive
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consumer forum not a court even though same may have trappings of court - period lost before consumer forum cannot be of any benefit to invoke provisions of section 14 of limitation
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Consumer commission returned the complaint with library to file civil suit - Time spent in Consumer Forum does not automatically save limitation as Consumer Forum is only a Quasi-Judicial Tribunal Suit presented before Civil Court thereafter, held, barred by limitation Suit fails.
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civil proceeding before Civil Court along with simultaneously filed complaint case before District Forum is maintainable
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Jurisdiction of the consumer forum to entertain a complaint is not ousted on account of a civil suit having been instituted by the opposite party,
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SPECIAL COURT CANNOT TAKE COGNISANCE OF OFFENCE, APPLICATION FOR RELEASING VEHICLE WILL LIE BEFORE MAGISTRATE: MADRAS HIGH COURT
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Family Court - Photographs received as evidence without Section 65-B-Certificate annexed - Rules of evidence under Evidence Act not applicable to Family Court - proceedings Family Court entitled to receive any document, even if not relevant or admissible under Evidence Act.
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Agency Won't Be Terminated Upon Death Of Principal If Agent Has Interest In Property Which Is Subject Matter Of Contract: Supreme Court
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If after knowing that the decree was likely to be reversed, a stranger auction purchaser (not being party to the proceedings) purchases the property in execution of the decree, then he couldn't claim the protection of being a bona fide purchaser and the principle of restitution would apply in such circumstances
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Advocates Not Liable Under Consumer Protection Act For Deficiency Of Services: Supreme Court
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Mobile - Manufacturing defect Non rectification of problems - Deficiency in service - delor - held liable to pay to pay sum of Rs. 3,000 cost of mobile phone along with litigation expenses
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Motor vehicle Sale of defective vehicle Overheating of vehicle - replace vehicle or to refund price of defective vehicle
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Motor Vehicle - Manufacturing defects Deficiency in service - It is bounden duty of manufacturer and dealer to attend to defect and if they were not in position to do so, they should either refund cost of vehicle or provide a new vehicle to Consumer.
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Manufacturing defects in TV - Defects not cured Deficiency in service - Petitioners were rightly directed to replace T.V. with new one of same make/ model within period of thirty days.
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Exécution - Non-compliance of order - Deficiency in service - Attachment of bank account
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Suit for declaration, possession and mandatory injunction to remove illegal construction made by defendants in his land - suit filed after 3 years, Barred by limitation - inaction on the part of plaintiff in filing petition for possession, immediately after passing final decree would extinguish his right in property
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Redemption suit filed by purchasers from original mortgagor - Lessee of mortgagee is not necessary party to suit for redemption
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Mortgage of undivided share - property sold in court auction - other undivided share holders filed petition under order 21 Rule 97 - they could claim partition - when undivided share was purchased,purchaser could only filed suit for partition, petition for delivery of possession can't be filed - dismissal of earlier petition under order 21 Rule 90 no bar for filing petition under order 21 Rule 97.
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Suit for specific Performance of ancestral property - one of female member file obstruction petition stating that she has 1/5 share and also she gets preliminary decree - District judge without numbering the petition, dismissed - High court directed the district judge to number the petition and disposed of on merits.
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Petitioner/tenant has vexatiously filed successive application on after another to stall the execution proceedings - petition dismissed with exemplary cost.
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consumer protection Act doesn't Override contract Act and other enactment in force, applicable to the service availed by the consumer from service provider - vehicle loan failure to repayment - repossession of vehicles - not amount to defeciency in service
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Default in payment of installment - forceable repossession of vehicles - non issuance of prior notice - deficiency in service - direction issued to return the tractor.
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Default in payment of installment - forceable repossession of vehicles - non issuance of prior notice - deficiency in service - direction issued to return the tractor.
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Fixed deposit - maturity amount not paid - Recovery of unpaid loan alleged - defeciency in service - withholding of fixed deposit for unpaid loan is amount to defeciency in service
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Mere failure to mention one property in earlier partition suit would not bring case within bar provided in this section
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Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court
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Suit for partition - application for including omitted properties - court permitted the plaintiff to file fresh suit for partition
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Journey of Home Buyers under IBC
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Homebuyers cannot be treated differently from other "financial creditors" under the IBC 2016 merely because they have obtained orders from the authority under RERA
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Can Homebuyer's Claim For Apartment Be Rejected For Not Filing Claim During Insolvency Process Against Builder? Supreme Court To Decide
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Without Any Rectification In Registered Instruments, Revenue Records Can't Be Corrected: Jharkhand High Court
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In Partition suit - Interim Injunction not to alienation dismissed - in appeal th encumbrance certificate shows that the 1st and 2nd respondents sold some properties - order of injunction not to alienate or encumber suit property till the disposal of suit granted.
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Draft sale deed need not to be filed along with Execution petition at the time of filing - Against the order passed in application under order 21 Rule 58 CMA is maintainable - Clause for delivery of possession was inbuilt in the decree for specific Performance - need not be a decree directing delivery of possession - Executing court can't go beyond the decree.
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Fire accident - claim petition before consumer forum - rejected - appeal - National forum concluded that consumer forum has no jurisdiction to decide the issue - Time spent before consumer forum can be excluded while availing alternative Remedy.
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Delay Condonation Application By A Stranger Who Is Not Party To Proceedings Illegal: Supreme Court
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