Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Advance payment via cheque in a way signifies absence of a pre-existing liability at the time of cheque issuance...........
Partition suit -- In a suit for partition payment of LIC policy amount cannot be decided...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view of various heads under which claimant is entitled to compensation, total compensation of Rs.15,94,812 with 6% interest p.a from date of filing of petition till date of payment or deposit whichever is earlier awarded to claimant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint allowed subject to payment of cost - Cost accepted - Once there is acceptance of cost, the same order cannot be challenged in appeal on different grounds...........
Service -- Reinstatement - Even if Court passes an order of reinstatement in service, an order of payment of back wages is not automatic...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - Offence u/ss 354, 354-A, 354-D IPC and S.12 of POCSO Act - Right of accused to cross-examine PW1 would be all the more at a higher pedestal under POCSO Act - Merely because accused approached Court with an application u/s 311 Cr.P.C after an inordinate delay of one year, that by itself may..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
Suit for recovery -- Suit for recovery on the basis of dishonoured cheque - Plea that it was a security cheque - Very fact that cheque was issued as security by itself imply that, in the event of non payment, security is liable to be enforced - A cheque issued as security would mature for presentation on default when payment is due...........
Specific Relief Act, 1963, Section 12 -- Part performance - Plaintiff contended that at least towards advance amount, certain plots could be sold to him - Contention rejected, as payment of entire sale consideration is mandatory for part of performance of contract...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of lease money - Defendants cannot escape/evade their liability to pay arrears of lease money on the ground that plaintiff had failed to comply with terms and conditions enumerated in lease deed - Defence of defendant rightly struck off...........
