Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Condition to deposit 20% of compensation amount - Appellate Court in normal circumstances may be justified in imposing condition of deposit as provided u/s 148 of the Act and only in those cases where imposing the condition of deposit is unjust or which may deprive accused to pursue his appeal, an..........
Mutation -- On basis of Will - When order of mutation is not required to be passed by any authority which can be defined as a `Court' under Act of 1872, strict proof as required u/s 68 of Evidence Act would not be applicable...........
Mutation -- On basis of Will - Where Will is executed in accordance with law and produced before a Municipal Officer, neither Will is evidence as provided under Evidence Act nor Municipal Officer a Court - Thus, for the purposes of Municipal records, a will which is executed in accordance with law and is not disputed can be relied upon to mutate the names of persons, who..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is definitely a relevant matter which Court must take into consideration while considering whether delay should be condoned or not...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for a long, it cannot be presumed to be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that substantial justice deserves to be preferred as against the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering the plea for condonation of delay, Court must not start with the merits of the main matter - Court owes a duty to first ascertain the bona fides of explanation offered by the party seeking condonation - It is only if the sufficient cause assigned by the litigant and opposition of the other side is..........
Motor Vehicles Act, 1988, Section 162 -- Cashless treatment for victims of accidents during golden hour as defined u/s 2(12-A) of the Act - Central Government directed to make a scheme in terms of S.162(2) of the Act, as expeditiously as possible and in any event by 14.3.2025 - No further time shall be granted - Copy of scheme shall be placed on record on or before..........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment of claim to further performance of remaining part of contract and all rights to compensation can be made at any stage of litigation...........
Specific Relief Act, 1963, Section 12(3)(a) -- Expression - `considerable part' implies that the part which will be left unperformed is either large as regards quantity or as regards quality...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - S.12(3) of the Act can be invoked only where the terms of contract permit segregation of rights and interests of parties in the property...........
