Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings can be allowed when : (i) amendment does not alter basic structure or nature of claim; (ii) amendment does not take away valuable right that accrued to respondent; (iii) amendment does not amount to withdrawing unequivocal admissions made in pleadings...........
Criminal Procedure Code, 1973 -- Chapter XXIA - Plea bargaining - Violation of mandatory provisions in Chapter XXIA Cr.P.C., would amount to denial of constitutional right to life and personal liberty of an accused...........
Agreement to sell -- Specific performance - Agreement cancelled by parties - Plea of non cancellation of agreement on the ground that instead of Rs.62,500/- an amount of Rs.61,434/- was paid - Cheque of Rs.61,434/- alongwith a letter was issued - Cheque was encashed - Letter was not replied by refuting the averments thereof - Held, this overt conduct clearly demonstrates..........
Chit Funds Act, 1982, Section 2(b), 65(12)(v), 45I(c), Reserve Bank of India Act, 1934 -- Chit fund - Levy service tax - Levy of service tax on chit fund business as chit fund activity can be treated as business of cash management - Cash management is understood as managing surplus cash of a person or a company - Thus, whenever a person is having idle cash or unrealised..........
Motor Vehicles Act, 1988, Section 160 -- Accident - Tractor attached to trolley carrying goods - It is a vehicle of the category of light motor vehicle - Driver having licence to drive LMV can drive such a transport vehicle of LMV class and there is no necessity to obtain separate endorsement - Held, there is no breach of the conditions of insurance policy - Liability is..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Recovery suit - Sufficient averments in plaint as to why plaintiff was constrained to approach Court for purpose of recovery of amount - Plaint discloses date of accrual of cause of action - Therefore, plaint contains facts containing cause of action and date when it arose -..........
Criminal Procedure Code, 1973, Section 145(4) -- Restoration of possession - Magistrate while passing order of restoration of possession not recorded a finding that respondent was forcefully and wrongfully dispossessed prior to 2 months from date of passing of preliminary order - Such finding is sine qua non for passing order of restoration of possession u/s 145(6)(a) of..........
Contempt of Courts Act, 1971, Section 2(b) -- Civil Contempt - Wilful disobedience of Court order - Non-implementation/partial implementation of Majithia Wage Board Award regarding classification of various newspaper establishments - Default alleged has taken place on account of a wrong understanding of Award as upheld by Supreme Court - Moreover, default alleged though is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of Rs.6000 p.m. and enhanced by revisional court to Rs.8,000 p.m. - Order granting maintenance of Rs.6,000 p.m. was never challenged by husband - Maintenance was awarded in the year 2011 and now by taking into consideration increase in prices of essential commodities, age of wife and her dependency upon..........
Stamp Act, 1899, Section 45(2), 41 -- Refund of excess stamp duty - Deficient stamp duty was asked to be paid u/s 41 of the Act - It does not come under the ambit of S.45(2) of the Act - Moreover, if the petitioner was aggrieved of demand of deficient stamp duty, he should have availed the remedies at that point of time by challenging the said order, but after paying the..........