Evidence Act, 1872, Section 115, Contract Act, 1872, Section 70Estoppel -- waiver - Object and operation of both is to ensure bona fides and to safeguard the transactions - The principles of estoppel is that a party is not to be heard to allege to the contrary - On the other hand, waiver is contractual, and may constitute a cause of action, it is an agreement to release..........
Criminal Procedure Code, 1973, Section 436 -- Bailable offence - Issue of no, bailable warrant - Revision - Issuance of no, bailable warrant consequent to the failure to produce sureties and at the same time remaining absent on hearing dates - Held, it cannot be said to be improper or irregular - Revision liable to be dismissed - However, it is made clear that petitioner..........
Forest Act, 1927, Section 52(4), 52C, Criminal Procedure Code, 1973, Section 451, 457 -- Forest offence - Release of vehicle - Jurisdiction of Magistrate - Held, in view of bar created in S.52-C of the 1927 Act, vehicle cannot be released by Magistrate after getting intimation of seizure u/s 52 of the 1927 Act - It is authorized officer who is vested with power to pass..........
Motor Vehicles Act, 1988, Section 188 -- Motor accident - Compensation - Whether to be invested in fixed deposit or disbursed to claimants - Long term fixed deposit is mandatory in case of minors, illiterate claimants and widows - In the case of illiterate claimants, Tribunal can consider the request for lump sum payment for effecting purchase of any movable property such..........
Criminal Procedure Code, 1973, Section 451, Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Release of documents recovered from accused - Documents ordered to be released on Sapurdari on furnishing Sapurdari Bonds in the sum of Rs.10 Lacs with one surety in the like amount undertaking to produce such..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cancellation sought on ground of violation of one of the four conditions - Order of anticipatory bail never became operative as there was no arrest and there was no release on bail by furnishing bond as ordered - Accused was bound to follow the four conditions only on coming into operation of the order of..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(l)(a), Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Rule 16(2) -- Tenant - Eviction - Application for release u/s 21(1)(a) the Act - Factors to be considered - (a) length of tenancy; (b) Availability of suitable accommodation for..........
Banking service -- Housing loan - Interest rate - Clause 4(b) of the loan agreement did not provide for fixed rate of interest @ 13% p.a. - Both the Fora below have held that that given the facts the Bank was not justified in charging interest @ 13% p.a. fixed when the relevant clause provided for otherwise - The material brought on record on this issue confirmed the..........
Criminal Procedure Code, 1973, Section 360, 361 -- Release of offender on probation - Duty of Court - Nature of provisions - Held, provisions of S.360 and 361 are mandatory in nature - It is mandatory for Court to record in its judgment `special reasons' for refusing to release offender on probation - S.361 thus casts a duty upon Court to apply provisions of S.360 wherever..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, 14(1)(d) -- Insurance claim - Discharge voucher - Claim of Rs. 4,68,621 submitted by the complainant but the Insurance Company processed the claim for Rs. 2,81,274 and then requested that the complaint was required to submit cash receipts of bills provided, discharge voucher duly signed by the complainant in order to..........
