Arbitration and Conciliation Act, 1996, Section 36(3) -- Stay of operation of arbitral award - Nature of security to be deposited - Petitioner depositing title deed of land of value more than that of award, is acceptable - It is not necessary that security for stay of arbitral award must always be in cash or bank guarantee...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - No particular form has been prescribed under the Act with respect to a notice u/s 138(b) of the Act except payee or holder in due course should make a demand for payment of amount of money within 30 days from receipt of intimation from bank regarding return of cheque...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and permanent injunction - Plaintiff sought declaration in respect of Will allegedly executed by her late father and consequential relief of permanent injunction restraining defendants from mutating land on basis of alleged Will - Alternative relief also sought..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint liability - Cheque issued by husband - Prosecution of husband and wife - Wife seeking quashing of complaint on the ground that dishonoured cheque was issued by her husband and not by her and account in question is not a joint account and that she was neither signatory to the cheque nor cheque..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint liability - S.138 of NI Act does not speak about joint liability - Even in case of a joint liability, in case of individual persons, a person other than a person who has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence u/s 138 of the Act - A person might..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Comparison of signatures on cheque - Cheque in question had not been returned by bank on account of difference in signatures but on account of insufficient funds - No purpose therefore, would be served in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 40% disability - Compensation - Future earnings - Appellant was getting a salary of Rs.37,500 as per documents of employment and bank statement - 50% of that amount would have to be taken into account which is 18,750 pm and multiplied by 12 for whole year - Loss of earning power after applying multiplier 16..........
Bank locker -- Proper procedure for operating and allotting lockers be followed, viz. (a) maintenance of a locker register and locker key register; (b) Locker register shall be consistently updated in case of any change in allotment; (c) Bank shall notify the original locker holder prior to any changes in the allotment of the locker, and give them reasonable opportunity..........
Bank locker -- Banks cannot wash off their hands and claim that they bear no liability towards their customers for the operation of the locker - Banks should not have liberty to impose unilateral and unfair terms on the consumers - RBI to lay down comprehensive directions mandating the steps to be taken by Banks with respect to locker facility/safe deposit facility..........
Consumer Protection Act, 1986, Section 2(1)(g), Consumer Protection Act, 2019, Section 2(11) -- Consumer - Bank locker - Breaking open of locker by Bank for non payment of rent dues - However, Rent dues were cleared before breaking open locker - Gold ornaments alleged to be missing - Bank not disputed their negligence in breaking open the locker in spite of clearance of..........
