2017 A.P. DIGEST - 8



 Order XXVI Rule 10 of the Code of Civil Procedure for sending expert opinion at fag end of the arguments- delay - dismissed = suit for specific performance of an agreement of sale - Ex.A.1, in the year 2010. - filed a written statement wherein they have denied the execution of the agreement of sale by disputing the signatures.- I.A. under Order XXVI Rule 10 of the Code of Civil Procedure, 1908 to send Ex.A.1 and the written statement in original to an handwriting expert for comparison of the admitted signatures with the disputed signatures on Ex.A.1. - This application was dismissed by the lower Court on the sole ground of inordinate delay in filing the application and especially at the stage of arguments. - their lordships held that I am unable to agree with the submission of the learned counsel for the petitioner that cause of action for his client to file the application for sending the suit document for experts opinion arose only on closure of the defendants evidence. With the denial of execution of Ex.A.1 in the written statement, cause of action had arisen for the petitioner to come out with an application for sending the suit document for experts opinion. I cannot refrain from observing that it is the laid- back approach of the parties or their counsel in filing applications belatedly that has not only been causing prejudice to the interests of the parties, but also leading to abnormal delays in disposal of cases. Had the petitioner been diligent in filing an application immediately after filing of the written statement or at least before commencement of the trial, his interests would have been well-served. The Courts, facing severe pressure of pendency of cases for long time, cannot be expected to allow applications of this nature thwarting their efforts to dispose of cases as quickly as possible. On the one hand the litigants are critical of abnormal delays in disposal of cases and on the other hand they file applications after applications in pending suits, some of them are wholly needless, at far too belated stages stalling the suit proceedings. This attitude of the parties as well as their counsel need to be changed and sooner it happens it is better for the litigant public. I am of the opinion that the discretion exercised by the Court below in rejecting the application of the petitioner cannot be said to be either irrational or improper warranting interference of this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India. The civil revision petition is accordingly dismissed.

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Section 8 of the Hindu Minority and Guardianship Act, 1956 - permission of court for selling minor property by natural guardian- In the present case, though it is stated that the property has been sold for the proper benefit of the minors, their protection, education and marriage,there is nothing on record to suggest that previous permission of the Court was obtained by the natural guardian before transfer by sale in question.-2015 S.C.(2013) MSKLAWREPORTS24

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APEX COURT DIGEST 2016 - 1

T.P.Act - Registered sale deed coupled with an agreement of re conveyance - for a transaction to constitute mortgage by conditional sale, it is necessary that the condition is embodied in the document that purports to effect the sale . But not when   Sale Deed dated 14.06.1972 and  Agreement of re conveyance dated 14.06.1972 having been executed on the same day and both ought to be read together and when the Sale Deed was executed only as a security for the loan and it was never the intention of the 1st respondent-plaintiff to convey the suit property. Since 1st respondent- plaintiff has paid back the loan amount i.e. Rs.6,700/- as is evident from the subsequent Agreement dated 05.06.1974, the Courts below rightly recorded the concurrent findings of fact that  Sale Deed is not binding on the 1st respondent-plaintiff. Once repayment was made, the 1st respondent-plaintiff was entitled to the declaration as prayed for no need to ask for  cancellatio...
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Section 25(1) of the Customs Act-exempted from payment of customs duty and additional duty leviable under the Customs Tariff Act.-Under Notification No.17/2001, that the benefit of duty exemption is available only for the import of the plant in full either in CKD or SKD condition. - The subject import can be considered only as a part of the plant.-Therefore, the goods under import are not eligible for the duty exemption as provided under the Notification No.17/2001.-what was imported was not a hot mix plant but only certain parts of such plant and, therefore, the exemption notification would not apply. -It is settled law that statements made to an Officer of Customs are admissible in evidence under Section 108 of the Customs Act, 1962.In the present case, both the oral evidence and the documentary evidence ultimately lead to the same conclusion: namely, that what was imported was not a hot mix plant that was complete in itself. - But not an unassembled Hot Mix Plant -have no application to an exemption notification which is issued under Section 25 of the Customs Act. - 2015 S.C. MSKLAWREPROTS

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