Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Re-assessment of income of deceased - Salary certificate of deceased produced on record showing monthly salary at Rs.15,000/- - Said salary certificate is proved on record - Deceased was a qualified person working as Manager in private firm - Tribunal and High Court committed error by not giving due..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Quashing of proceedings qua Director - If any Director or partner wants the process to be quashed on the ground that only a bald averment is made in the complaint and that he/she is really not concerned with issuance of cheque, he/she..........
Agreement to sell -- Specific performance - Plaintiff in possession prior to execution of agreement to sell - Possession not delivered through agreement to sell - Order directing plaintiff to pay deficient stamp duty with penalty as per provision of Schedule 1-A, Entry No.23, 5(cc), Column No.2, Sub column 2 (As amended by State of Punjab) set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 2 -- Temporary injunction - Cross examination of deponent at the stage of consideration of application for temporary injunction - These are not evidence affidavits - CPC vests discretion in the trial Court to cross examine deponent who has filed evidence affidavit - Such discretion..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Gravity and seriousness of offence is a relevant consideration for purpose of grant of bail - However, while granting bail to accused, High Court has not discussed the role attributed to accused and his overt act in commission of offence - Order granting bail set aside...........
Employee's Compensation Act, 1923, Section 3, 4 -- Accident - 60% disability - Compensation - Medical Board constituted pursuant to order passed by High Court examined injured employee after a period of approximately 9 years from date of accident - However, at the relevant time employer did not make any application before Commissioner to constitute Medical Board -..........
Agreement to sell -- Specific performance - Direction to defendant to deposit amount received by him towards part of sale consideration to the credit of suit - Order passed without considering version of defendant - Order passed simply extracting apprehension of plaintiff - Order does not indicate application of mind by Court - Impugned order set aside - Matter remitted..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Evidence Act, 1872, Section 45 -- Expert opinion - Denial of signatures by defendant on agreement to sell - Comparison of signatures with those on power of attorney and summons - Those signatures did not come in existence in presence of Court - It is thus appropriate to compare signatures with the one existing on previous litigation, prior to institution of suit - Order..........