Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of execution of sentence - Order to deposit 20% of compensation amount - Requirement to deposit compensation amount as a condition for appeal is generally mandatory as per S.148 of the Act, emphasizing its status as a rule...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Fire insurance - Contract of fire insurance is a contract to indemnify Insured against loss by fire - In order to determine whether in a particular case loss is caused by fire following rules generally apply : (i) There must be an actual fire, hence mere heating or fermentation will not be sufficient to render..........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(r) -- Appeal - Not maintainable against an order in appeal filed U.O.43.R.1(r) CPC - Once an appellate Court has exercised jurisdiction U.O.43.R.1(r) CPC, does not provide a further appeal under the same rule...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit compensation amount - Requirement to deposit compensation amount as a condition for appeal is generally mandatory u/s 148 of the Act emphasizing its status as a rule...........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay of 5250 days - When delay of long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation - Court, in fact, should presume that third party rights may have been created..........
Education -- Unaided private school - Suit for recovery of school fee - No student or parent approached Committee constituted as per order of Division Bench of High Court nor Committee constituted under Rules - Students/parents by reason of order of Government introducing a cap of 20% on increase of fees in each successive academic year, declined to pay fees as notified..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - While seeking bail on the ground of delay in trial, it is incumbent upon applicant to place on record order sheets of trial Court in order to rule out the possibility that matter is being adjourned at request of applicant himself...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Compassionate assistance - Compensation paid under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules has to be deducted from compensation payable under Motor Vehicles Act - However, High Court has deducted only 50% of compensation under said Rule from amounts awarded..........
Service -- Excess payment - Recovery after retirement - If excess amount was not paid on account of any misrepresentation or fraud on the part of employee or if such excess payment was made by employer by applying a wrong principle for calculating pay/allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous, such..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea that counsel did not inform applicant of further proceedings - No absolute rule that a party can disown its Advocate at any time and seek relief - No such absolute immunity can be recognized - Such an absolute rule would make the working of system extremely difficult - Order..........
