Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte award - Setting aside - Proceedings under Motor vehicle Act - Appellant was registered owner of offending vehicle - Report of process server is in contradiction to report of Sarpanch - Entire liability is fastened on appellant, as insurer is absolved of its liability to pay compensation - Moreover, nobody has..........
Trade Marks Act, 1999, Section 27, 29 -- Infringement of Trademark - Passing off - Difference - Infringement of trademark means violation of exclusive rights granted to registered proprietor under the Act to use the same in relation to the goods or service in respect of which trademark is registered - Whereas Passing off of a trademark is a tort actionable under common law..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Quashing of summoning order - Death by medical negligence - - Quashing of summoning orders - There is a pre-condition for seeking an opinion from a doctor in Government Service qualified in branch concerned before proceeding in a complaint case and that condition has not been satisfied in..........
Service -- Pensionary benefit - Delay in releasing on ground of financial constraints - Financial difficulty is not a valid ground to withhold pensionary benefits of an employee as only source of livelihood for a retired employee is the benefit, which he/she receives after his/her retirement in order to live a dignified life...........
Service -- Pensionary benefit - Withholding of - Entitlement of interest - Where there is no valid justification to withhold pensionary benefits, employee will be entitled for interest...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice of demand - Is a condition precedent for filing complaint for offence u/s 138 of the Act...........
Hindu Adoptions and Maintenance Act, 1956, Section 3(b), 18, 22, 23 -- Maintenance - Salary of husband is Rs.30,000/- p.m and a Government quarter is allotted to husband - Court directed husband to pay petitioners interim maintenance of Rs.12,000/- p.m during pendency of petition before trial Court - Further, sum shall be deposited by employer (State of Haryana) of husband..........
Civil Procedure Code, 1908, Section 47 -- Objection by JD No.3 - Execution - Ex parte decree - JD alleges that decree could not be passed without implementation of O.32.Rr.3, 3-A CPC, as he was minor at the time of passing of decree - However, contents of application nowhere contends that by virtue of decree interests of minor was prejudiced or any harm is caused - Even..........
Constitution of India, 1950, Article 39(d), 14, 16, 21A, 47, 48, 243G, Right of Children to Free and Compulsory Education Act, 2009, Section 3, Bihar Panchayat Raj Act, 2006, Section 146, Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rules, 2006, Rule 3, 4, Bihar Municipal Body Secondary and Higher Education Teachers (Employment and Service..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Quashing of complaint - Notice - Plea of non service of notice - Complainant produced certain documents to show that such notice was sent by registered post in the given address and service of same is authenticated by postal department - Moreover, Court cannot..........
