Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 22, 24 -- Displaced person - Migrant from Pakistan - Allotment of property - Dispute regarding valuation of property - Property in question offered for transfer to original allottee in the year 1985 - However, original allottee aggrieved by valuation and price determined at that time - But he gave up..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise between parties - Allowed - Conviction set aside - Prayer for exemption of payment of 15% of compounding fee - Accused submits that cheque amount was Rs.7,00,000/- and accused has paid Rs.1,00,000/- over and above cheque amount to complainant and his business was..........
Civil Procedure Code, 1908, Section 35B, Order 17, Rule 3 -- Dismissal of suit U.O.17.R.3 CPC - Non-payment of costs by plaintiff - Impugned order though makes reference of no, payment of Costs but trial Court not dismissed the suit on account of failure of plaintiff to pay costs by invoking S.35-B CPC - Court has not taken a serious view of failure of plaintiff to pay..........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Appellate Court is authorized to order deposit of 20% of fine and compensation as awarded by trial Court - If there is no order of fine or compensation then there cannot be any order of deposit of any amount at..........
Transfer of Property Act, 1882, Section 39 -- Maintenance - Fraudulent transfer of property - Charge on property - Husband even if suffered imprisonment for non payment of maintenance, it does not relieve him from obligation to pay maintenance - No evidence to prove fraudulent transfer of property - Even otherwise transfer of property will not affect the right of wife to..........
Civil Procedure Code, 1908, Section 24 -- Matrimonial proceedings - Transfer of proceedings - Wife and husband both seeking transfer of proceedings filed against each other from Goa to Mumbai and vice versa - Husband ready and willing to pay cost of travelling and stay of wife in Goa - That will not mitigate the inconvenience to wife as two school going children are under..........
Finance Act, 2001, Section 136, Central Excise Act, 1944, Section 5A -- National Calamity Contingent Duty (NCCD) - Exemption from payment - NCCD is in the nature of an excise duty, which is levied on product itself - Once excise duty is exempted, NCCD levied as an excise duty cannot partake a different character, thus, would be entitled to benefit of exemption notification..........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still trial Court directed defendant to..........
Service -- Termination - Compensation in lieu of re-instatement - Respondent appointed as caretaker on temporary basis - It is now almost 19 years that respondent is out of appellant's services - Several complaints were being regularly received by appellant against respondent during his tenure - Appellant being employer lost their confidence on respondent - Interest of..........
Hindu Marriage Act, 1955, Section 24 - - Wife and daughter are not staying with husband - Husband failed to produce any documentary evidence to establish that wife is a Government employee - He is not regular and is evading responsibility of making payment - Order of maintenance held, proper - Husband directed to clear all arrears of maintenance and continue to pay amount..........
