Issue for Consideration Issue arose whether the High Court in exercise of revisional jurisdiction was justified in setting aside the order of conviction of the accused u/s.138 NI Act, passed by the trial court and affirmed by the Sessions Court. Headnotes† Negotiable Instruments Act, 1881 of funds – Presumptions as to negotiable instruments – Exercise of revisional jurisdiction by the High Court – Hand loan of Rs.4,50,000/- extended by the complainant to the accused, to be paid within a year with 16% interest per annum – Cheque issued by the
Issue for Consideration Issue arose whether the compensation awarded by the High Court even after enhancing the compensation awarded by the tribunal meets the requirement of ‘just compensation’ within the meaning of the Motor Vehicles Act; and whether having regard to the nature of claimant and the lifelong consequences flowing therefrom, the appellant is entitled to further enhancement of compensation. Headnotes† Motor Vehicles Act, 1988 – s.168 – Compensation – Enhancement – Requirement of ‘just compensation’ – Motor
Issue for Consideration Issue arose as regards the just and fair compensation to be awarded to the claimant-skilled carpenter in the facts of the case, the parameters and the permissible heads of compensation. Headnotes† Motor Vehicle Act, 1988 – Compensation – Enhancement while travelling on his motorcycle, was hit by Jeep driven rashly and negligently, coming from the wrong side of the road – Claimant suffered serious injuries resulting in amputation of his right leg, from above the knee and became completely disabled – Tribunal awarded
Issue for Consideration Whether there are sufficient grounds that warrant interference with the concurrent findings of the facts of all the Courts upholding validity of the Will. Headnotes† Will – Validity of Will – Exclusion of natural heirs – One BSN- testator executed bequeathing all the plaint schedule properties in the favour of his only sister L, who is the plaintiff and respondent no. 1 herein, and cancelled the POA executed in favour of his brother-in-law – Testator passed away on 30.11.1983 – After the death of the testator, an
Issue for Consideration Matter pertains to the premature release of the petitioner sentenced to life imprisonment for the murder of the deceased, and has been in jail for approximately twenty-two years. Headnotes† Code of Criminal Procedure, 1973 – s.432(7) – Bharatiya Nagarik s.473 – Remission/Premature Release – Petitioner along with other co-accused convicted for the murder of the deceased by the Special Judge u/s.120B/302 IPC and sentenced to life imprisonment and fine – Investigation initially carried out by UP police and was later transferred to
Issue for Consideration Issue arose whether the appellant-assessee is entitled to a deduction of Rs.21,74,234/- being the interest paid by it in respect of the loan availed from the Corporation Bank u/s.36(1)(iii) of the Income Tax Act 1961. Headnotes† Income Tax Act 1961 – interest paid in respect of capital borrowed for the purposes of business or profession – Assessee, if eligible for deduction of interest paid to the bank u/s.36(1)(iii) – Assessee borrowed loan from the Bank and paid interest in order to invest the same in its share business –
Issue for Consideration Correctness or otherwise of the impugned order granting rejection of the plaint. Headnotes† Code of Civil Procedure, 1908 – Or.VII r.11(d); Or.II r.2 – Application of Or.II r.2 not a ground for rejection of plaint u/Or.VII r.11(d) – Original owner first suit against defendant No.1-son, seeking inter alia permanent injunction – After the death of the original owner, Appellants herein (his wife and daughters) filed the second suit – Respondent-defendants filed application u/Or.VII r.11 in the second suit seeking rejection of
Issue for Consideration Issue arose as regards the right of a person charged with serious and grave misconduct by the ICC to assail the correctness of the said report and its findings by way of an appeal before the tribunal. Headnotes† Sexual Harassment of Women at Workplace (Prevention, – s.18 – Armed Forces Tribunal Act, 2007 – s.14 – Report of Internal Complaints Committee-ICC constituted under POSH Act, if can be challenged before the tribunal – Complaint by Principal Medical Officer against the appellant-Commander in the Indian Navy, alleging
Issue for Consideration In the present case the court is concerned with the question as to whether the objector who has resisted execution is a transferee pendente lite or not and whether the doctrine of lis pendens as encapsulated in s.52 of the Transfer of Property Act is squarely applicable or Procedure, 1908 – s.47 – Or.XXI rr.35, 97 to 102 – Transfer of Property Act, 1882 – s.52 – Doctrine of lis pendens – Respondent no.1-plaintiff (decree holder) had entered into an agreement for sale with the defendant-judgment debtor – Since the defendant
Issue for Consideration Whether F.A. No. 213 of 2000 abated on non-substitution of LRs of ‘M’ i.e., appellant 1(2), who was one of the LRs of deceased- judgment debtor ‘K’; whether the order of the High Court dtd.03.05.2013, holding that appellants No. 2 and 3 along with of ‘K’ in the appeal, would, by the principle of res judicata, bar a declaration that the appeal had abated; whether by allowing impleadment of the heirs and legal representatives of ‘M’ as proforma respondents in F. A. No. 213 of 2000, vide order dtd.03.05.2013, the