Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Disappearance of three persons - Allegation against police officials - High Court giving direction to State Government to give sanction for prosecuting alleged delinquent officials and further direction to pay a sum of Rs.2 lakhs to wife and children of disappeared persons by way of..........
Insurance -- Death - Claim presented immediately - Delay in payment without justifiable reasons - LIC is liable to pay interest on decretal amount. (Interest Act, 1978, S.1, Life Insurance Corporation Act, 1956, S.6, Civil Procedure Code, 1908, S.34)...........
Negotiable Instruments Act, 1881, Section 138, 124, 5, 6, 7 -- Pay order - Is not a cheque - Dishonour of pay order - Provision is not attracted...........
Hindu Marriage Act, 1955, Section 26, Hindu Adoptions and Maintenance Act, 1956, Section 20, 18 -- Minor child - Maintenance - It is both duty of husband and wife to maintain minor child - Wife and husband both employed - Salary of husband almost doubt to that of wife - They are bound to contribute for maintenance of their children in that proportion - Maintenance granted..........
Negotiable Instruments Act, 1881, Section 138 -- Rs.550/- costs of notice claimed besides cheque amount - Amount of cheque clearly mentioned - Notice not invalid - Drawer could pay the amount of cheque only...........
Carriers Act, 1865, Section 6 -- Common carrier - Damage of goods - Even if the goods are carried at 'Owner's Risk' the carrier would not be fully absolved of his liability to pay compensation if the loss was occasioned on account of his negligence or the negligence of his servants and agents..........
Contempt of Courts Act, 1971, Section 2 -- Eviction petition - Appeal - Tenant given time to vacate subject to giving undertaking - But no undertaking given - Brother-in-law of tenant filing suit and obtaining interim order - Contempt petition by landlord - Suit withdrawn on coming to know of contempt petition - Affidavit by tenant and his brother-in-law apologising for..........
Negotiable Instruments Act, 1881, Section 138 -- Appeal against conviction and fine - Pending appeal entire amount of cheque paid and sworn affidavit filed - Appellant saved from imprisonment part of sentence - Appellant to pay fine of Rs.5,000/- within four weeks in the trial Court and failure would attract simple imprisonment for three months...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife running beauty parlour - Husband getting salary of Rs.8868/- per month - If for maintaining herself and her children, wife is self employed to sustain their life, husband is not absolved from his moral duty to pay maintenance pendente lite for them - Grant of maintenance of Rs.1, 000/- per month to..........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - Sale by plaintiff - Defendant executing separate agreement to reconvey property if amount repaid within stipulated period - Plaintiff executing rent note agreeing to pay monthly rent to defendant - High Court holding transaction as not mortgage by conditional sale but as usufructuary mortgage - Held,..........
