Legal Services Authorities Act, 1987, Section 20, Civil Procedure Code, 1908, Order 23, Rule 1 -- Lok Adalat - Withdrawal of suit - Lok Adalat has no authority to exercise power U.O.23.R.1 CPC - Lok Adalat on taking cognizance in any matter, referred to it from a Court, can act only in accordance with S.20 sub-sections 4, 5 & 6 of the Act and Lok Adalat cannot allow..........
Civil Procedure Code, 1908, Order 23, Rule 1, 4, Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Withdrawal of suit - Lok Adalat has no authority to exercise power U.O.23.R.1 CPC - Order passed by Lok Adalat in allowing withdrawal of suit is nullity and is no order in the eyes of law - By allowing withdrawal of suit by Lok Adalat, it cannot be said that..........
Hindu Marriage Act, 1955, Section 9, Order 23, Rule 1, 4 -- Matrimonial dispute - Cause of action can arises again and again, even if dispute is settled and compromised and case is withdrawn - When a dispute crops up again at any subsequent stage on account of differences between the parties to the matrimony, that would be a separate cause of action, on which party..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - Though final report as such is not a legal evidence, those materials which were collected during course of investigation, when found to be admissible independently apart from final report, can be accepted and acted upon...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - Report u/s 173(2) or S.173(8) Cr.P.C cannot by itself is a substitute for legal proof - But, it may be wrong to eschew entire final report in the matter of tortious liability, unless translated the same into legal evidence...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - Tortious liability - It is neither permissible nor advisable to accept final report, unless translated into legal evidence for application of maxim `res ipsa loquitur' or to find out negligence, if any, contributed by any of parties to proceedings to fix tortious liability...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - There is no material difference in legal position regarding probative value of a final report submitted u/s 173(2) or S.173(8) Cr.P.C between criminal law and civil law...........
Income Tax Act, 1961, Section 40(a)(ia), 194C, 200, 201 -- Proviso - Tax deduction at source - Disallowance - Total payments in Truck Freight Account of Rs.1,37,71,206/- and total receipts from company of Rs.1,43,90,632/- - Rs.57,11,625/- disallowed on which appellant failed to deduct tax at source and not the entire amount received from company - Any prejudice or legal..........
National Green Tribunal Act, 2010, Section 18(1), 14(2), (3), 15(1)(a), 17(1), 29, National Highways Act, 1956, Section 4, 5, 16 -- Compensation - Debris and part of hill collapsed and slid down to road, taking lives of mother and daughter - Direction of NGT to pay compensation towards death, and damages towards restitution - Absence of legal representatives or heirs of..........
Legal proceedings -- Service of notices, summons and exchange of pleadings/documents - During period of lock down in view of Covid-19 pandemic - Such services may be effected by e-mail, Fax, commonly used instant messaging services, such as Whatsapp, Telegram, Signal etc. - However, if a party intends to effect service by means of said instant messaging services, it is..........
