Civil Procedure Code, 1908, Section 11, Industrial Disputes Act, 1947, Section 10 -- Reference by State to labour Court - Res judicata - Dispute in relation to reduction of age from 60 to 58 years raised by Trade Union already decided on merits between parties to lis which attained finality - No judicial forum at the instance of any party had jurisdiction to try these..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - Governing principles - Summarised : (i) once execution of cheque is admitted, S.139 of the Act draws presumption that cheque was in discharge of any debt or other liability; (ii) presumption u/s 139 is rebuttal presumption and onus is on accused to raise probable defence. The..........
Civil Procedure Code, 1908, Section 35B, Order 17, Rule 3 -- Dismissal of suit U.O.17.R.3 CPC - Non-payment of costs by plaintiff - Impugned order though makes reference of no, payment of Costs but trial Court not dismissed the suit on account of failure of plaintiff to pay costs by invoking S.35-B CPC - Court has not taken a serious view of failure of plaintiff to pay..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reference to certain exchanges about laddoos(sweets) is too petty to be treated as an instigation leading to torture of victim for dowry...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Mother of deceased/PW3 did not name accused in her testimony - Allegation of ill-treatment was attributed more to husband of deceased - PW3 vaguely stated that chacha and phoopa also used to make demands - Vague statement attributing certain acts of commission collectively to persons accused cannot be..........
Industrial Disputes Act, 1947, Section 10 - - Reference of dispute to Tribunal - Claim of regularization of services - Dispute in question required to be adjudicated on facts and evidence - Factual controversy cannot be adjudicated in OA by Tribunal or by High Court in a writ petition - Remedy lies in applying to Central Government to make an industrial reference to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant failed to make payment in terms of previous MOU, as cheque issued by defendant got dishonoured - Plaintiff filed a complaint u/s 138 of N.I. Act - Settlement again arrived at between parties before Mediation - Defendant contended that said settlement supersedes the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement of PW1 assigning specific roles to proposed accused - At the stage of consideration of application u/s 319 Cr.P.C, trial Court was to look at something more than a prima facie case but could not have gone to extent of enquiring as to whether matter would ultimately result in..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Production of documents - Suit for specific performance - Documents sought to be produced by way of application are not documents which ought to be produced in Court by plaintiff or ought to be entered in list of reliance at the time of presentation of plaint, as these documents never relied upon by plaintiff..........
Stamp Act, 1899, Section 35 -- Partition deed - Nature of document - Determinative factor - Document whether is a deed of partition or a memorandum of partition or a list of partition recording past partition, has to be determined with reference to recitals therein and substance of transaction embodied in instrument - Name or caption given to document is not determinative..........
