Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was a businessman - Relevance of Income Tax Return for the period which it relates to Financial Year concerned and not on the date on which it is filed with the Income Tax Department - When faced with Returns for different Assessment Years, it would be upto the Tribunal..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Extended from time to time - Revisional Court stayed all further proceedings of the suit till disposal of revisional application - Stay order cannot be construed to debar trial Court from taking up interlocutory applications as well - Trial Court directed to dispose of injunction application as..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Offence u/s 75 of the Act - Appellant was Chairman of Managing Committee which runs a school in which victim is studying - He may have control over management of institution which runs the School - But, that does not give him control over every child studying in school - Therefore, it is impossible..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - So long as earlier order stands, it is not open to initiate fresh proceedings on the same ground, as it would be hit by principle of res judicata...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Defendant himself admitted that plaintiff obtained survey nos.28 & 35 in partition and his family members have received some parts in partition - They cannot be permitted to challenge said partition especially when trial Court and Appellate Court have found said partition..........
Registration Act, 1908, Section 11 -- Conveyance of title - Validity of - The MOFA is a beneficial legislation enacted to protect home buyers, considering the ever-increasing housing shortage in urban areas - The Legislature has noted the increasing malpractices by the developers - The provisions of Section 11 are for the benefit of the flat purchasers - In writ..........
Arbitration and Conciliation Act, 1996, Section 34, Insolvency and Bankruptcy Code, 2016, Section 31(1), Civil Procedure Code, 1908, Section 47 -- Objection against execution - Maintainability - Once a resolution plan is duly approved by the adjudicating authority under sub-section (1) of Section 31, all claims which are not part of the resolution plan shall stand..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18 -- Appeal - Pre-deposit - If any final order is passed by DRT, determining the liability of borrower or any other liability of any person, and an appeal is preferred u/s 18 of the Act to the appellate tribunal, provision of pre-deposit would come into play...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18 -- Appeal - Pre-deposit - If any person which should also include a borrower is aggrieved by any order made by DRT u/s 17 of the Act, he may prefer an appeal subject to pre-deposit...........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Property involved in the case is live electric wire, which is not ordinarily available in the market let alone in shops, as material objects are exclusively used by Electricity Department on making special order directly to Industries manufacturing them - Material objects were recovered from possession of A-1 to..........
