Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed had to be filed within 3 years of execution of document - Contention of plaintiffs that they came to know regarding sale deed dated 25.10.1985 on 17.9.2015 not tenable as sale deed was executed by co-tenants who were brother and relatives of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Dismissal of claim petition by holding that no eye witness was examined to prove rash and negligent driving - Eye witness will not be available in all cases - When FIR is lodged and charge sheet is filed there could not be a finding that negligence was not established - Order of Tribunal allowing claiming petition..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Court is obliged to scan the material on record and give a finding if there is sufficient ground for proceeding against accused - There must be broad discussion of factual matrix leading to the conclusion that there is sufficient ground for proceeding against accused - Order dismissing discharge application set..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - When one Judge of same Court has taken a particular view holding respondent to be guilty of contempt, another Judge could not have come to a finding that respondent was not guilty of contempt, as same amounts to sitting in an appeal over the order passed by co-ordinate Bench...........
Criminal Procedure Code, 1973, Section 362 -- Review - High Court in its first Judgment confirmed conviction u/s 302 IPC - However, High Court in the correction application modified the first judgment and came to a finding that incident appeared to be a result of a sudden provocation and occurred in the heat of a moment and therefore converted the conviction from S.302 IPC..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Percentage of disability - Injured was an agriculturist - However, on account of disability his functioning would have been certainly affected and reduced in doing work relating to agriculture - In the case where disability of both lower and upper limb, High Court without any reason or ground reduced the percentage of..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Kidnapping and sexual assault - Whether or not the finding regarding age of victim is correct or not, or manner in which was sought to be proved before Trial Court was in accordance with law or not, is a question that is open for consideration in jurisdiction u/s 374 Cr.P.C as..........
Arbitration and Conciliation Act, 1996, Section 37 -- Jurisdiction - Issues are whether there was a breach committed by L&T as held by the Arbitral Tribunal, and the second question is whether, if the finding of breach committed by L&T is upheld, the finding of the Arbitral Tribunal regarding damages can be revived - what cannot be done in the exercise of the powers under..........
Employee's Compensation Act, 1923, Section 4A(3)(b) -- Compensation - Default in payment - Penalty on employer - Commissioner had come to a specific finding of fact that employer had not paid any amount to claimants at the time of injury nor had paid anything when claim was filed by appellants - High Court was not justified in interfering with penalty amount directed by..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - There is no necessity to frame an issue, when parties are not at dispute on a particular fact or law - At times, despite pleadings when a specific issue is not framed, but when both parties to lis have let in evidence and rendered their arguments on a point, decision on which is intrinsically connected to main issue,..........
