Limitation Act, 1963, Section 3(1) -- Bar of limitation - Appellate Court considering issue of limitation which was not question raised before trial Court - Held, no error was committed by Appellate Court in entering into issue as to whether application was barred by time - Appellate Court was well within its jurisdiction in considering question of limitation...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Determination of shares - Civil Court not competent to decide the question of shares in agricultural land - Therefore, any compromise decree arrived at before civil Court for the purposes of determining shares of parties in agricultural land is wholly without jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Every person who was incharge of business of Company and responsible to Company for conduct of its business is vicariously liable apart from the Company itself - Such a person may be somebody other than a `Director' so long as he is an officer of the Company - However, an..........
Rent and Eviction -- Bona fide need - Petition dismissed - Appellate Tribunal passed eviction order - High Court restored the order of Rent Tribunal as Appellate Tribunal did not go into the issue of bona fide necessity - No factual finding recorded either by first Appellate Court or High Court on question of bona fide need - Matter remanded to Appellate Tribunal for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Application for summoning certain documents regarding income of husband - Documents in question required for accurate assessment of financial status of husband - Application for summoning of documents allowed...........
Civil Procedure Code, 1908, Section 151, Order 47, Rule 1 -- Review - Petitioner preferred application for recall of judgment being aggrieved by judgment - S.151 CPC therefore, cannot be called for, neither it is appropriate to treat this application U.O.47.R.1 CPC - If decision is considered to be erroneous, remedy is only to question judgment in appeal...........
Evidence Act, 1872, Section 65B -- Recorded conversation - Voice sample - CD and Pen Drive - Pleadings and arguments of petitioner are singularly silent qua authenticity of information as contained in pen drive and CD in question - Since information contained in Pen Drive and CD itself found to be non-authentic by trial Court, therefore, there is no question of trial Court..........
Transfer of Property Act, 1882, Section 122 -- Gift - Cancellation - Deed executed for consideration and was in any case conditional subject to the condition that donee would look after the petitioner and her husband and subject to the condition that gift would take effect after the death of donor - There was no complete gift of property in question by the appellant to the..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - In an offence u/s 304 Part-II IPC intention is missing and prosecution has to prove death of a person in question and such death should be caused by the act of accused knowing that such act is likely to cause death, whereas, for offence u/s 304 Part-I IPC both knowledge and intention is..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of disputed signatures with admitted signatures - If scientific investigation of document in question facilitates the ascertainment of truth the same has to be allowed...........
