East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Landlord stating on oath that tenant has ceased to occupy tenanted shop and doing no business therein - Landlord discharges its burden of proof - Onus then shifts on tenant to prove that he is still doing business therein by producing accounts book, sales tax registration, income tax..........
Medical negligence -- Compensation - Prayer for enhancement of compensation - Fora below correctly found that the petitioner was guilty of contributory negligence as he did not get the CT. Scan of the chest and the other tests of his wife done as advised by doctor on 19.11.1999 and 23.06.2000 - The petitioner has not put up on record any proof as to his own income and..........
Motor Vehicles Act, 1988, Section 166, 168, 173 -- Accident - Compensation - Death of a lady in road accident - Husband claimed that his deceased wife was earning Rs.10, 000/- per month from tailoring work - No evidence adduced to substantiate this plea - Tribunal assessed income of deceased at Rs.3, 000/- per month - Assessment held proper in the absence of proof of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan of Rs.50, 000/- - Denied by accused - Complainant having no financial capacity to lend the loan amount - Except cheque no other documentary proof - S.269-SS of Income Tax Act, 1961 insists that all transactions involving Rs.20, 000/- and above, should be through `account payee cheques' and..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Mere owning of immovable property/properties is not sufficient to hold that applicant is having sufficient means to pay court fee without a proof of derivation of income from it - Court has to enter into a finding regarding the capacity to raise money to pay court fee - Applicant cannot..........
Will -- Execution - Proof of - Execution must be proved by atleast one attesting witness, hence, while making attestation, there must be an animus attestandi, on the part of attesting witness. Cases referred: Commissioner Income Tax v. Arvind Mills Ltd., 1992 Supp (2) SCC 190 : (1992) 193 ITR 255 (Para 28) Indian Molasses Co. P. Ltd. v. Commissioner Income Tax, AIR 1959..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Monthly income of deceased claimed to be Rs.12, 000/- p.m. but no proof of income available - Tribunal fixed notional income at Rs.36, 000 p.a. on the assumption that deceased as a contractor could have easily earned Rs.3, 000/- p.m. - No basis therefor indicated - Compensation reduced to Rs.2, 40, 000/-..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No proof as to agricultural holding of husband - No proof as to income from dairy - No proof placed on record by husband that wife has income from tailoring - Husband an able bodied person and is bound to maintain his resourceless wife and minor child - Maintenance granted Rs.1500/- p.m. - Not on the..........
Service -- Back wages - Burden of proof - Earlier burden of proof that workman was gainfully employed during the period of termination was on the employer - But now there is a change in the approach of the Court - Now law is that burden of proof that he remained unemployed is on workman - Several factors have to be considered while granting back wages such as nature of..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Proof as to owning agricultural land- No convincing evidence to prove income out of the land - It cannot be said that there is a total loss of income due to the injury suffered by the appellant - Calculation of amount of compensation on basis of notional income upheld...........
