Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Owner of offending vehicle had fraudulently changed the validity dates of insurance policy - On the date of accident there was no insurance coverage and policy was not in operation - Such contention raised in review petition - Nothing was produced in main claim..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Properties in question are prima-facie residential, commercial and industrial property as such, on the ground that some of disputed property is agricultural, whole plaint cannot be rejected U.O.7.R.11 CPC - Impugned order rejecting plaint, set aside...........
Service -- Selection process - Appellant stood at serial No. 1 in merit list - Governing Body resolved the appellant's case for approval and appointment by condoning the overage for applying to an aided post in an aided institution - In the absence of advertisement or spelling out of applicable Rules, setting aside approval and appointment of appellant is illegal - Since,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Husband at the time of filing of application was minor but at the time of passing of order granting maintenance he attained the age of majority i.e. approximately 20 years old - In such circumstances, before the date of attaining age of majority i.e. when he was minor, it was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Hindu Marriage Act, 1955, Section 12, 13 -- Divorce - Infertility (barrenness) of wife - Divorce petition dismissed on the ground that barrenness is not a ground for divorce within the purview of Hindu Marriage Act - However, in the impugned order it is not clear whether wife was barren or not and no conclusive proof of barrenness of wife is on record - Husband wants to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Husband at the time of filing of application was minor but at the time of passing of order granting maintenance he attained the age of majority i.e. approximately 20 years old - In such circumstances, before the date of attaining age of majority i.e. when he was minor, it was..........
Civil Procedure Code, 1908, Section 60(i), Order 21, Rule 48 -- Execution - Attachment of salary of Judgment Debtor - Executing Court while directing attachment of salary of JD failed to consider provisions of S.60(i) CPC, which specifically governs manner and extent of attachment of salary - Order of attachment of salary of JD, set aside - Executing Court directed to..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Cryptic order referring complaint to DC without a bare minimum discussion of allegations contained in complaint would not satisfy requirements of a valid reference order - In the absence of such prima facie satisfaction, statutory requirement u/s 35 of the Act remains non-complied, and order of..........
Civil Procedure Code, 1908, Order 47, Rule 7(1) -- Review - Dismissal of application - Party aggrieved by rejection of review petition has to challenge the decree or order, as the case may be, and not the order of rejection of the review petition - However, in case review petition is allowed and the suit or proceeding is placed for rehearing then O.47.R.7(1) permits party..........
