Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Supreme Court u/art 132 of Constitution can grant compensation more than amount claimed by claimant once that amount is found to be due and legitimately payable...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Civil imprisonment - Plea of J.D. that he anyhow or other is earning his livelihood and arranging the expense required for his medical treatment by way of working as a labourer - On this basis it cannot be said that J.D. is a man of means or that he has neglected to pay the decretal amount..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Constitution of India, 1950, Article 14, 16, 142 -- Service - Payment of gratuity - Fixation of cut-off date - Challenge - Fixation of cut-off date for extending benefit of gratuity from a different date as compared to revision of pay-scale can neither be said arbitrary nor violative of Arts.14, 16 of Constitution - However, considering that very few retired bank employees..........
Indian Penal Code, 1860, Section 302, 324, 149 -- Murder - Laches in investigation - Mere laches on the part of I.O itself cannot be ground for acquitting the accused - But no, mentioning of names of accused and not explaining the injuries sustained by A-1, would amount to laches and it goes to the root of the case, particularly when accused were known to prosecution...........
Income Tax Act, 1961, Section 35D, Companies Act, 1956, Section 78 -- Deduction - `Premium amount' on subscribed issued share capital - Is not a part of capital employed in the business of company - As S.35-D(3) Expl.(b) of Income Tax Act makes it clear that Legislature did not intend to extend the benefit of S.35-D of Income Tax Act to such sum - Hence, amount of premium..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Compromise - Accused acquitted - On failure to pay the agreed amount, within time granted, accused shall be proceeded with for contempt, in addition to other proceedings, in accordance with law...........
Co-sharers -- Sale of specific portion of land - No co-sharer recorded to be in possession of any specific portion of joint land - Partition between co-sharers not taken place - Sale of even specific portion of land would amount to sale of only a share in the joint land - As vendors were not in exclusive possession of any portion of the joint land, they could not deliver..........
Land Acquisition Act, 1894, Section 4(1), 18, 28A -- Acquisition of land - Re-determination of compensation - Once petitioner has chosen to file application u/s 28-A of the Act claiming parity on award passed by reference Court, he cannot be permitted to file another application invoking S.28-A of the Act, seeking re-determination of amount of compensation based on another..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Lawyer - False legal opinion to Bank - For such a wrong lawyer cannot be prosecuted as it does not amount to any criminal culpability - Lawyer at the most may be liable for gross negligence or professional misconduct, if it is established by evidence...........
