Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute amicably settled by parties - Complainant not interested in prosecuting accused and thus, permitted to compound the offence - Conviction and sentence passed against accused set aside, subject to deposit of 15% of cheque amount with Uttarakhand State Legal Services..........
Partition -- Joint family property - Suit property admittedly purchased in the name of plaintiff's mother - However, plaintiff failed to prove that said property is jointly purchased by plaintiff and his brother - Admittedly all the records pertaining to suit property were in the name of brother of plaintiff and after his death these were mutated in the name of defendants..........
Service -- Territorial Army personnel - Family pension - Territorial Army personnel died during disembodied state without completing fifteen years of embodied service - No family pension is payable to legal heir of a territorial Army personnel who died during disembodied state, as deceased had not put in minimum qualifying service to earn service pension - However, keeping..........
Legal assistance -- It is a prime duty and responsibility of Court to ensure that there is a level playing field for both parties so far as legal assistance is concerned that one party's case does not suffer for lack of proper legal assistance as he/she is not guided by proper legal assistance for want of necessary finances...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 180 days in filing first appeal - Bonafide reasons - Matter was to be examined by various departments of DDA before filing an appeal - Ultimately decision was taken by Chief Legal Advisor and immediately thereafter appeal was filed - First appeal is a matter of right and there should have been at least..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Final and binding on all parties to dispute - Appeal does not lie against award - However, High Court by invoking provision of Art.227 of Constitution, can interfere such award, if same is passed by overlooking the mandatory provisions of law...........
Legal Services Authorities Act, 1987, Section 21, Hindu Adoptions and Maintenance Act, 1956, Section 9, 10 -- Award of Lok Adalat - Adoption - Mandatory provisions of Ss.9, 10 of the 1956 Act violated while passing of award - Lok Adalat cannot pass award contrary to the provisions of law - Award of Lok Adalat quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452 -- Quashing of proceedings - Summoning of accused - Offence u/ss 323, 504, 506, 452 IPC - Magistrate while passing summoning order neither made any discussion of facts nor considered as to what overt act allegedly committed by accused - Impugned order of summoning accused..........
Constitution of India, 1950 -- Autonomous District Council - Appointment of agent - Power to collect royalty on minerals - As per the evidence on record, appointment of the petitioner as an `agent' so as to setup challan/royalty check points and to recover verification fees by the respondent/KHADC is not supported by the law - Thus, no case of infringement of legal right..........
Delhi Rent Control Act, 1958, Section 19, 38 -- Rent and eviction - Suit for possession by landlord - Power of Rent Control Tribunal - Power is though limited to substantial question of law, but where finding is based on no evidence or relevant and admissible evidence is not taken into consideration or legal principles wrongly applied or material evidence is misread,..........
