Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Cause of action for filing complaint u/s.138 of the Act arose only after expiry of 15 days from the date of service of legal notice on the accused and in case of absence of proof of service of notice sent under registered cover on speed post at the correct address, the deemed service of..........
Motor Vehicles Act, 1988, Section 166, 2(11) -- Accident - Compensation - Legal representative - Mother-in-law of deceased was residing with deceased and his family members - She was dependent on deceased for shelter and maintenance - Mother-in-law may not be a legal heir of deceased, but she certainly suffered on account of his death - She is thus, a `legal..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Offence under SC&ST Act at the instance of third party - Not to be registered unless an opinion is sought from the District Attorney (Legal) that complainant falls within definition of victim as per SC&ST Act - Director General of Police, Punjab directed to issue instructions to all..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Plaintiff companies claim that they are not executor of sale deed in question - Even though, it is disputed question of fact, but same would not in any manner exempt plaintiffs from legal requirement to pay ad valorem Court fee - Plaintiffs rightly directed to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Cheques issued to pursuance of compromise - Such cheques dishonoured - Determination of whether a cheque pursuant to a settlement agreement arises out of a legal liability would be dependent on various factors, such as the underlying settlement agreement, nature of original transaction and..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Service matter - Civil Court lacks jurisdiction to entertain a suit structured on provisions of Industrial Disputes Act - Decree passed in said proceedings is a legal nullity...........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - No compromise and/or settlement arrived at in between the parties before Lok Adalat - Matter has to be returned to the Court from where the matter was referred to Lok Adalat for deciding the matter on merits - Lok Adalat has no jurisdiction at all to decide the matter on merits...........
Hindu Marriage Act, 1955, Section 23A -- Divorce - Counter claim - Wife seeking counter claim that marriage of husband with one `H' is illegal, void and voidable and that `H' is not a legal wife of husband/plaintiff - Held, defendant by way of counter claim can claim only those reliefs which can be prayed and/or granted under the Hindu Marriage Act, namely relief u/ss 9,..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Grant of leave to appeal - Principles governing - (i) Ss.96 and 100 of CPC provide for preferring an appeal from an original decree or decree in appeal respectively; (ii) said provisions do not enumerate the categories of persons who can file an appeal; (iii) however it a settled legal proposition that a stranger..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Report of Legal and Probation Officer shows that socio economic condition of juvenile is not good and during enquiry it was found that alleged offence has been committed under influence of his company - However, neither report of Legal and Probation Officer nor State counsel has..........
