Insurance claim -- Surveyor's report - No reasons given by Surveyor for not accepting the amount actually received by workshop as repairing charges - Actual repairing charges allowed on the basis of the three money receipts issued by the workshop - Appellant also held entitled to interest on the amount awarded from the date of filing of claim petition to the date of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205(2) -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - If accused is acquitted or accused is convicted and sentenced with a fine only then it is not necessary to insist on personal presence of accused to receive judgment - However, if sentence is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389(3) -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - Such an accused when directed only to appear to receive judgment must be held to be person to whom the benefit of S.389(3) is available...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Absence of complainant - Mere absence of a complainant does not entail consequences u/s 256 Cr.P.C. - Presence of complainant can only be insisted if progress of the case demands such appearance - On all other dates from the date of filing of complaint to date..........
Civil Procedure Code, 1908, Section 11 -- Constitution (Scheduled Tribes) Order, 1950 - Res judicata - Judgment passed without jurisdiction - Held, principle of res judicata do not apply when a judgment is passed without jurisdiction, when the matter involves a pure question of law or when the judgment has been obtained by committing fraud on the Court...........
Essential Commodities Act, 1955, Section 3, 7 -- Allegation that accused was to distribute 13, 508 liters of kerosene oil during relevant period but distributed only 7, 500 liters of oil and thus illegally profited 6, 500 liters oil - Record for relevant period was pleaded to have been stolen away - Trial court gave sufficient reasons in coming to conclusion that..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Generally order of acquittal is not interfered as presumption of innocence of accused is further strengthened by acquittal - Order of acquittal to be interfered only when there are compelling and substantial reasons for doing so - If the judgment is clearly unreasonable and relevant and convincing..........
Constitution of India, 1950, Article 226, 227 -- Bid of successful bidder kept pending - Advertisement for fresh tenders - Ground that only one financial bid receiver - No judgment, rule or instruction that sole offer cannot be considered - In absence of proof of payment of earnest money Part II of financial bid of petitioner could not be opened as such opening has..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Murder - Conviction - Acquittal by High Court - Appeal against - Place of occurrence was a terrace having 2 ft. height meaning thereby that it was a little bit high land, so it cannot be said that the said place was not visible from where the informant was stationed at the time of occurrence - Also held that if a person is..........
Limitation Act, 1963, Article 136, Civil Procedure Code, 1908, Order 21, Rule 7 -- Date of decree - Irrespective of date on which the decree was drawn up, date of decree is date of judgment...........
