Suit for damages -- Bank Negligence - Encashment of cheques containing forged signatures of plaintiffs - Auditor of plaintiff testified that the signatures on the cheques were forged and bank was negligent in encashing the same - Further, investigation report of vigilance officer of bank established that neither signatures on the disputed cheques was similar to the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 468 -- Cruelty - Time barred complaint - Commutation of limitation period - Offence committed on 8-9-1999 and complaint filed on 3-7-2002, therefore complaint lodged within period of 2 years and 10 months - Complaint held not barred by limitation...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 216, 482 -- Abetment of suicide - Quashing of order of alteration/addition of charge from S.498-A IPC to 498-A, 306 IPC - No averment in complaint or evidence of PW1 to PW3 showed that petitioner played active role in either instigating or intentionally aiding deceased to commit suicide - Order of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Plaint allegations all through describe the suit properties as Joint Hindu Family properties and that they have been purchased either from the nucleus of Joint Hindu Family property or the income derived from joint family business - Properties are not described as benami in the name of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Prosecution failed to establish a proximate link between alleged acts of cruelty and deceased's decision to commit suicide - No specific evidence was found that accused instigated, provoked or aided deceased to take the extreme step - Witnesses deposed that one month back there was a quarrel between accused and..........
Transfer of Property Act, 1882, Section 10 -- Allotment of land by Govt. - Violation of conditions of allotment - Resumption order - High Court in its order held that land was sold on payment of market value as such Govt. could not have placed any condition restricting the enjoyment of land by land owner - But since Trust violated the conditions of allotment for which the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Filed under different provisions of law - Said provisions when provide concurrent remedies through different mechanisms and if application filed under one provision has already been dismissed by a Court of competent jurisdiction, by applying its judicial mind and held that reasons for delay were not sufficient, a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Income of injured can be fixed at Rs.10,000 - When assessing his loss of income for 50% disability as held by High Court, 40% for future prospects has to be added - Taking into account the various heads under which appellant is entitled to compensation, total amount of Rs.17,06,486 with interest @ 9%..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Self-employed person must be deemed to have had the future prospects at the rate of 40%, as held in Pranay Sethi case...........
