Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Rebuttal - Version of accused that complainant had stolen a cheque from house of accused - Accused has not made it clear as to why he had left signed blank cheque in his house - Accused does not give date on which he noticed theft of his signed blank cheque - Accused has no case that..........
Land Acquisition Act, 1894, Section 4, 30, Civil Procedure Code, 1908, Section 151, 152 -- Land acquired and award passed - Reference decided - Finally High Court granted solatium at 15 percent and interest at 6 percent per annum which became final and binding as no appeal was filed in Supreme Court - Subsequently decree holders filed civil miscellaneous application u/ss..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of two witnesses sought after conclusion of arguments - No explanation why these witnesses were not examined when leading evidence - No ground, much less sufficient ground advanced for not examining these witnesses at the appropriate stage - Amounts to filling up the lacuna in the case - Order..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Development charges - Can range between 20 to 75 percent - However, deduction should be appropriate deduction befitting the situation, location and nature of the land - If the land is already developed and could be used as a commercial/residential plot, deduction should be on the..........
Constitution of India, 1950, Article 14, 16, 226 -- Recruitment - Appointment - Post of Ayurvedic Medical Officers - Bias - In the advertisement for filling of the posts wherein criteria to be adopted for selection was fixed by the competent authority - The selection not based on criteria notified but it was changed one day before the selection and was not disclosed to the..........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g), 14(1)(d) -- Defective machine - Semi-automatic filling and sealing machine - From the date of installation itself the performance of the machine not up to the mark - The quantity of materials of filling by the weight was only 470 grams as against weight of 500 gms. - Though lapse brought to notice of the OP's no..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 569 days in filling appeal by State - Due to heavy load of work it slipped out of mind that case has been decided - Not believable - No sufficient reason assigned - Order dismissing application upheld - Chief Secretary directed to hold departmental enquiry and fix the liability of the officers, who are..........
Insurance claim -- Repudiation - Malicious act - Simultaneous opening of the outlet valves of the four storage tanks and the main valve was found open and second end of the flexible pipe used for filling the oil tankers connected to the main valve was placed inside the drain and the oil tanks was drained in nearby nallah - Loss to the insured property was directly caused..........
Plot allotment -- Group Housing society - Deficiency in service - Complaint about existence of pits in the plot of land in question made to the respondent for the first time after about 8 months of the taking of possession by the society - If after taking possession of plot of land by the complainant - society, earth was removed, the Authority cannot be held responsible..........
Constitution of India, 1950, Article 14, 16, 226 -- Appointment - Anganwari worker - Munadi for inviting application for filling up the post done in the village on 15.5.2007 and five applications received - Petitioner found meritorious selected and appointed - Respondent No.6 challenged selection on the ground that her application dated 14.4.2007 not considered - Direction..........
