Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 60, Power of Attorney Act, 1882, Section 2 -- All transactions in relation to dishonour of cheque undertaken by power of attorney holder in total exclusion of the payee or holder in due course - In such an eventuality, power of Attorney holder, in addition to his capacity to file complaint, alone..........
Contempt of Courts Act, 1971, Section 2(c), 11, 12 -- Judgment of Court - Is a public document - Can be commented upon, analysed and criticised - It has to be in dignified manner without attributing motives - It is no answer that publisher, editor or other concerned did not know or it was done in haste - They should refrain from casting scurrilous aspersions on, or impute..........
Contempt of Courts Act, 1971, Section 2(c), 11, 12 -- Contempt of Court - Mens rea as such, is not an indispensable ingredient of the offence of contempt, the courts are loath to punish a contemnor, if the act or omission complained of, was not willful...........
Contempt of Courts Act, 1971, Section 2(c), 11, 12 -- Acquittal by High Court of accused in murder case - Newspaper report on the basis of interview by an associate of deceased that decision of High Court is rubbish and one of the Judges was bribed and that Judge possessed properties disproportionate to his income - High Court held, Editor, Printer, Publisher and..........
Contempt of Courts Act, 1971, Section 2(c)(iii), 10, 12 -- Fabrication of interim order purported to have passed by High Court - It is a fraud on judiciary - Conduct of contemner is beyond condonable limit - Accused sentenced to undergo SI for a period of three months...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Non framing of a particular issue - Parties going to trial knowing fully well the real issues involved and adduced evidence - Objection as to non framing of a particular issue cannot be raised...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action - It is a bundle of facts which taken with the law applicable gives plaintiff a right to relief against defendant - It must include some act done by the defendant since in the absence of such an act no cause of action can possibly accrue - It is not limited to the actual infringement of the right sued on but..........
Motor Vehicles Act, 1988, Section 2(13), 145(e), 147(2)(b) -- 'Act only policy' - Damage to third party property - Death of one bullock, injury to the other and destruction of cart - Insurer is liable for destruction of the cart to his restricted liability to the extent of Rs.6, 000/- and the balance of Rs.12, 000 to be paid by the owner - As far as bullocks are concerned..........
Motor Vehicles Act, 1988, Section 2(13), 145(e), 147(2)(b) -- Compensation - Expression `goods' - Expression `property' - Death of one bullock and injury to another bullock in accident on account of dashing of truck with bullock cart - Held that these bullocks are not bullocks carried in the motor vehicle - These have to be treated as living being on par with the human..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Jurisdiction - Clause in agreement viz. 'Court of Bombay and no other Court' - Plea of not consciously agreeing to the exclusion of jurisdiction of Courts other than Bombay - Until a clear finding is recorded that Court has territorial jurisdiction to try the suit, no injunction can be granted in..........
