Constitution of India, 1950, Article 14,13(2),245 -- Amending Act - Striking down of - Revival of old Act - Held, when amending Act struck down by Court for want of legislative competence or being violative of any of fundamental right enshrined in Part III of Constitution it becomes unenforceable in view of Art. 13(2) - In such circumstances the old Act would revive but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted and sentenced to undergo simple imprisonment for three months and to pay compensation of one lac - Plea of not issuing the cheque - Not acceptable when accused did not take any action that cheque was stolen or that it was forged/fabricated - Sentence modified - Sentence of imprisonment..........
Mercy killing -- Patient in coma or permanent vegetative state - Consent to withdraw life support - It is experts like medical practitioners who can decide whether there is any reasonable possibility of a new medical discovery which could enable such a patient to revive in the near future...........
Constitution of India, 1950, Article 14, 226 -- Punishment order - Reduction of punishment by Revisional Authority whereby punishment was reduced to down grading of four annual grade increments in the time scale instead of downgrading of 10 annual grade increments by the appellate authority - Respondent did not challenge the order of the Revisional Authority and it was..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) - - Rejection of plaint - Deficient Court-fees - Revival of - Held, if a suit is rejected on account of lack of payment of proper court fees or for that matter deficient court fees, aggrieved party can always pay deficient court fees and revive the suit or even file a fresh suit as the case may be provided it is within..........
Limitation Act, 1963, Section 18 -- Acknowledgement - Any acknowledgement after the period of limitation does not revive the limitation...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Attachment of immovable property - Ceases to have effect once that property is sold in auction in execution of another decree - Attachment would not revive when defendant whose property was attached, later purchases that property from auction purchaser...........
Agriculture -- Defective fertilizer - Zinc Sulphate - Loss of paddy crop - Admitted by respondent - complainant in his complaint that the seedlings of paddy were planted in the month of May,2003 and found during the month of June - July, 2003 that the crop had caught the `Khaira' disease - The most of the purchase of Zinc Sulphate by the complainant made in the month of..........
Insurance claim -- Lapsed policy - Policy was lying in a lapsed state after 28.5.2004 - No steps were taken by the insured deceased before his death on 17.6.2004 for revival of policy - Plea that respondent issued a letter dated 29.6.2004 showing grace period for deposit of premium as 28.8.2004 and it amounted to revival of policy repelled - The said letter dated 29.6.2004..........
Arbitration and Conciliation Act, 1996, Section 38 -- Arbitration fee - Non-payment - Termination of proceedings - Procedure to be followed - Held, arbitral tribunal in first place may call upon the party who has filed counter claim to pay the amount so specified - On failure of the party arbitral tribunal is free to call upon other party to pay specified amount and..........
