Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent should continue till the passing of the decree - Decree passed when only one of the parties appeared after expiry of statutory period of six months - Not a case where the settlement between the parties has been given effect to before filing of petition for divorce by mutual consent in other..........
Land Acquisition Act, 1894, Section 28 -- Land acquisition - Interest on enhanced amount of compensation - Grant is the normal rule and refusal should be by assigning special or specific reasons...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Interest - To be awarded in accordance with the contract - In the absence of any prohibition in the contract and in the absence of specific provision relating to interest in the contract, to award simple interest at such rates as it deems fit from the date on which the cause of action arose till date of payment - If..........
Motor Vehicles Act, 1988, Section 168, 173 -- Accident - Compensation - Partial permanent disability - Claimant is entitled the amount of compensation for future loss due to disability...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Suit for specific performance - Plaintiff advanced huge amount as earnest money - Order of status quo regarding alienation of suit property set aside - In case of alienation of suit property during pendency of suit, defendant to inform prospective alienees the fact of pendency of..........
Transfer of Property Act, 1882, Section 60 -- Mortgage deed - Not a sham transaction when mortgage amount is not heavily disproportionate to the value of the shop mortgaged...........
Motor Vehicles Act, 1988, Section 166, 173 -- Motor Accident - Death of salaried person - Calculation of compensation - Held, while calculating compensation of a salaried person, the amount of employer's share in provident fund is to be added and tax paid by the deceased is to be deducted from the salary payable to the deceased...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bond - Failure of accused to appear in court will not amount to a breach of terms of bond so as to automatically result in forfeiture of bond - There has to be intention of accused not to abide by the terms and conditions of bond - Such intention can be gathered only after giving opportunity of hearing to the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Death of holder of cheque - It cannot be said that any of his heirs or legatee get right to issue notice and then lodge complaint - Only a person who is authorized by succession certificate, letters of administration or probate granted by the court, is entitled to call upon the drawer to pay the..........
Plot allotment -- Delivery of possession - Deposit of the sum of Rs. 12, 54,225/ - along with interest in terms of the directions issued by the National Commission was in the nature of a condition precedent - As the appellant had failed to deposit the amount in terms of the Order of remand till the appeal was decided, the plot could not be ordered to be given to her - The..........
