Evidence Act, 1872, Section 90 -- Gift deed more than 30 years old - Presumption - Status of attesting witness of Gift deed was taken into consideration after lapse of more or less 42 years, that too after death of both the attesting witnesses - Lapse of more than 42 years and death of both the attesting witnesses by that time was not even addressed - Both the trial Court..........
Insolvency and Bankruptcy Code, 2016, Section 31(1) -- Resolution Plan - Resolution Plan cannot be classified even as a `statutory contract' as there is no provision under IBC referring to a Resolution Plan as a contract - Legal force of a Resolution Plan arises due to the framework provided under IBC but remedies that are specific to the Contract Act cannot be applied, de..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Wrong legal advice which a party bona fide believed to be true generally constitutes, though not always, sufficient cause to condone delay within meaning of S.5 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by Sessions Court - It is evident that even before issuance of cheques, a report regarding loss of said cheques had already been lodged by respondent - Complaint was filed in month of March wherein it is stated that he had started business of supply of milk 4 months..........
Protection to life and liberty -- Petitioners are performed marriage - However, petitioners no.2 is earlier married to one `A' and one sided customary divorce was relied upon by petitioner no.2 - Out of said wedlock two daughters were born, who were residing with first wife of petitioner no.2 - Court being legal guardian of 2 minor girls, who are living at mercy of their..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(7) -- Eviction petition - Bonafide necessity - Death of landlord - Legal heirs are entitled to execute the decree same being part of his estate...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complainant alleged that initially when cheque was presented, amount was credited to his account - However, in pursuance of an email sent by accused to bank threatening legal action and a further police complaint, transaction entry was..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Physical disability - Compensation - Claim for personal injuries - Death of injured not attributed to injuries suffered - Claim for personal injuries abate with death of injured - But claim for loss of estate caused was available to and could be pursued by legal representatives of deceased in appeal...........
Criminal Procedure Code, 1973, Section 362 -- Modification of judgment - There is no specific direction to pass any particular order and the matter has been left to discretion of authorities who are supposed to go into the details, both on factual and legal aspects and then pass a reasoned order - No occasion to modify judgment and order...........
Rent and Eviction -- Two partners - Death of both the partners - No clause permitting continuation of partnership by legal heirs - Non residential tenanted premises is deemed to be vacant in law as tenant is deemed to have ceased to occupy the building - Consequently tenanted property has fallen vacant...........
