Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased aged about 29 years was in real estate business and based on his income tax return of preceding assessment year Tribunal assessed his income at Rs.4,58,430, thereafter applying a multiplier of 17 and deducting 1/4th towards his personal expenses and awarding compensation on loss of consortium and..........
Civil Procedure Code, 1908, Order 21, Rule 22(1)Proviso -- Execution - Show cause notice U.O.21.R.22 Proviso CPC - Execution petition was filed within two years from the date of decree - It squarely falls under U.O.21.R.22(1) Proviso CPC - Executing Court was therefore competent to dispense with service of notice upon JD when execution petition filed within prescribed..........
Criminal Procedure Code, 1973, Section 446 -- Surety - Realization warrant - Proceedings u/s 446 Cr.P.C. initiated against appellants as main accused committed a default in not attending Court - Appellants/sureties also did not appear on date fixed despite personal service as such impugned order was passed to realize penalty issuing realization warrant - However, since..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Functional disability - Appellant was 21 years of age during the incident who requires a personal attendant - Lump sum amount of Rs.3,00,000 thus, awarded towards attendant charges over and above the loss of income arrived at by this Judgment and High Court - Keeping in view of loss of monthly..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Registered sale deed in favour of original applicant was executed prior to institution of suit - In such circumstances, essential condition for invoking attachment before judgment U.O.38.R.5 CPC that property belongs to defendant on the date of institution of suit is absent - Plaintiff's remedy,..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Before depriving a judgment debtor of remedy U.O.21.R.90 CPC, it must be seen whether he had notice from executing Court and still acquiesced, by taking no action before date of sale, and if so, he would then be precluded from assailing its legality or correctness thereafter...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for recovery of damages for defamation - Period of limitation u/art 75 of Limitation Act would not get extended after expiry of one year from date of publication of libel - Suit is not within limitation prescribed u/art 75 of Limitation Act - Plaintiff even if proves all..........
Service -- Withdrawal of resignation - Employee has withdraw his resignation before its acceptance by authority concerned - Since employee has rendered 23 years of unblemished service, it will be unjust to interpret few letters exchanged between parties to hold that employee has deliberately and consciously resigned, particularly when he has been contesting the case for..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 306 -- Summoning of additional accused - Offence u/ss 498-A, 306 IPC - General, vague and omnibus allegations were made against opposite parties No.2 to 4 without referring to any date, time and place as well as nature of offence - There is not even a prima facie case against opposite..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where a drawer intentionally with a view to prevent honour of cheque, makes overwriting/alterations in cheque, either in amount mentioned in cheque or in the date mentioned therein, without authenticating these overwritings or alterations, offence u/s 138 of the Act would get attracted...........
