Showing : 1-10 of 54 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 357(2)-- Appeal - Payment of compensation - Embargo contained in S.357(2) Cr.P.C. differs or withholds utilization of amount of compensation awarded till limitation of appeal elapses or if filed till it is decided - Sentence awarded by Court including sentence of fine is in no way affected by such embargo..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5)-- Amendment of plaint - Suit for specific performance - Relief of compensation sought as alternative relief by way of amendment of plaint - Alternative relief of compensation can be claimed at any stage of proceedings as per S.21(5) of Specific Relief Act - Law of limitation does not come in way of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Land Acquisition Act, 1894, Section 18(2)(As-- Reference - Limitation - Appellants accepted compensation under protest on point of sufficiency of compensation - Specific request for reference u/s 18 of the Act, indisputably made within six months, as required u/s 18(2) of the Act - Request of reference made on proper application...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 25-- Condonation of delay - Delay in payment of amount - Recovery of debt as per settlement reached in Lok Adalat - Parties agreed that if amount not paid within time schedule than bank will be at liberty to recover entire amount due - However, if agreed amount stood paid though with some delay,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 5-- Appeal for enhancement of compensation - Delay of 601 days - Condonation of delay - It is evident from application for condonation of delay that appellant was not aware of limitation to file appeal on first instance and on second instance appellant stated that he has handed over documents to..........
KERALA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2)-- Dishonour of cheque - Sentence of fine - Power of Magistrate - Magistrate at the relevant time in 1999 had no jurisdiction to impose a fine exceeding 5000 in view of limitation u/s 29 Cr.P.C. - It is only later in 2003, provisions contained in S.138 of N.I.Act was amended that too prospectively..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Land Acquisition Act, 1894, Section 18, 28A-- Dismissal of reference being barred by limitation - Application u/s 28-A of Act for re-determination of compensation - Maintainability - Notwithstanding dismissal of reference application being barred by limitation, appellants still have right to apply u/s 28-A of the Act to Collector - One of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Limitation Act, 1963, Section 5, Land Acquisition Act, 1894, Section 54-- Land acquisition - Condonation of 3671 days delay in filing appeal - Appellants are agriculturists whose lands were acquired - Similar situated agriculturists were given a higher rate of compensation as such there is no reason to decline the same to appellants merely on the ground of delay -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Motor Vehicles Act, 1988, Section 166(3)-- Accident - Compensation - Limitation - Claim filed after a period of more than 28 years - Claim petition has to be filed within a reasonable time - Reasonability depends on facts and circumstances of each case - The only expalanton given for the delay was that petitioners are poor person and they..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 468-- Limitation - Compensation - Once compensation is provided to be awarded by following the procedure under Cr.P.C., S.468 Cr.P.C. has no application at all as compensation is not an offence...........

Showing : 1-10 of 54 Results