Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Where an official railway inquiry or evidentiary record verifies issuance of a ticket corresponding to date and route of an untoward incident, such verification shall constitute prima facie proof of bona fide travel, shifting evidentiary burden on Railway Administration - Absence of a seizure..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Cheques were issued on 5.12.2011 for an amount of Rs.13,50,000 - However, a period of more than 13 years has elapsed since then, but despite the reference of matter four times for mediation, petitioners were unable to settle the same and even after time was taken from High..........
Rent and Eviction -- Bona fide need - Plaintiff needed the premises for joining her husband's business to expand it to room rented out - There is no dispute as to business carried on of sweets and savouries, in the adjacent shop room - There is also no dispute on sons of plaintiff also having joined business and plaintiff's intention to participate in business, thus..........
Insolvency and Bankruptcy Code, 2016, Section 62 -- Apartment buyers agreement - Delay of handing over possession - Appellants are bona fide home buyers having booked an apartment with Corporate Debtor as far back as 2010 and having executed a Buyer's Agreement in 2011 and paid nearly entire consideration - Claim of appellants duly verified and admitted by Resolution..........
Hindu Succession Act, 1956, Section 29, 8 -- Failure of Heirs - In the event of a competent Court of law declaring a testament of a Hindu to be invalid and in the absence of any heirs u/s 8 of the Act then, S.29 of the Act would apply as it would be a case of failure of heirs - In such an event, property would devolve on Government and Government shall take the property..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - When there are several exemplars with reference to similar land, usually highest of exemplars, which is a bona-fide transaction will be considered - Further, only where there are several sales of similar lands whose prices range in a narrow bandwidth, average thereof can be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Offence proved against firm would amount to partners of firm also being liable jointly and severally with firm - Therefore, there is no separate liability on each of partners S.141(2) of the Act applies, when negligence or lack of bona fides on the part of any..........
Civil Procedure Code, 1908, Section 151 -- Suit filed against dead person - Application for dismissal of suit - Plaintiff was not aware of death of sole defendant - He learnt about death of defendant only when summons returned unserved with endorsement that defendant has died - Petitioner was not able to produce any evidence to attribute knowledge about death of his mother..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Infringement of trade mark - Appellant tendered apology for infringement and stated that same had occurred due to a bona fide mistake and had not been sold directly by Company but through some agents prior to injunction order - Though there was no clear finding of lower Court as to willful..........
