Interest Act, 1978, Section 3 -- Payment of interest - When parties have agreed upon by way of a contract executed between them, either to give away interest so accrued or to receive belated payments, they are indeed governed by terms mentioned thereunder...........
Service -- Part time contractual instructors/teachers - Payment of honorarium - Initial burden to pay honorarium to instructors/teachers is upon State Government who is free to recover contribution of Central Government from Union of India on the principle of "pay & recover" - Honorarium payable to these instructors/teachers cannot be permitted to remain stagnant and same..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of husband i.e repeated non-appearance before Courts, persistent non-payment of maintenance amount, deliberate violation of judicial directions and total abandonment of legal proceedings, has subjected wife to prolonged mental agony, financial distress, and social humiliation -..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question involved a huge amount of Rs.14,08,000 - Plea of fraud taken by accused in his reply to application u/s 143-A of the Act has not been examined deeply or if noticed not been appreciated by Courts below by recording reasons - Order directing payment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment only seek to elaborate pleadings and it neither enlarges scope of suit nor takes respondent by surprise - Amendments are explanatory and clarificatory in nature and merely supply material particulars which were otherwise implicit in original pleadings - Proposed amendment neither..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Eviction suit - Delay in question cannot be held to be fatal or prolonged - There was a slight delay, which has been satisfactorily explained by plaintiffs - Important questions of law and facts are involved in the suit and..........
Bharatiya Nyaya Sanhita, 2023, Section 64 -- Secondary evidence - Photocopy of unregistered and unstamped document - Document in question is chargeable with stamp duty of 1% on ad valorem basis - Document is written on stamp paper of Rs.100 only and it is insufficiently stamped - Photocopy of document cannot be impounded for payment of deficit stamp duty and once photocopy..........
Indian Penal Code, 1860, Section 302, 34, 201, 404 -- Murder - Appellant No.2 only helped co-accused in suppressing evidence by digging a hole and hiding dead body of deceased - No recovery of any of articles of deceased effected from possession of appellant No.2 - It was co-accused who caused assault, which resulted in death of deceased - Conviction of appellant No.2,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 483(3) -- Anticipatory bail - Cannot be cancelled solely on the ground that terms of compromise or promise to make payment has not been met by accused...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove his readiness and willingness - He not able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - In addition to that, he did not even visit office of Sub-Registrar on said date - Even, defendants too did not fulfil their..........
