Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute and complainant has accepted the sum towards full and final settlement of dispute on the satisfaction of complainant - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal against conviction..........
Evidence Act, 1872, Section 138 -- Cross examination of witness exceeded 12 hours - Extension of time for further cross examination - Tribunal held that full and sufficient opportunity to cross examine witness is already given and no further extension of time is warranted - There is no justification in the order passed by High Court in interfering with the directions of..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent by wife just before four days of passing of decree - Decree of divorce set aside...........
Stamp Act, 1899, Section 47A -- Market value of property - Enquiry by Registering Authority is a pre-condition for making reference to Collector for determination of market value of property - Determination of market value without notice of hearing to parties is liable to be set aside...........
Stamp Act, 1899, Section 47A, Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, Section 47A(6) -- Market value of property - Provisional order - Collector is obligated to communicate the provisional order to parties concerned in respect of fixation of correct value of property and also the duty payable in Form II - However, after the issue of Form..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has trusted his counsel to manage the suit proceedings - However, he was not made aware of ex-parte decree by his previous counsel - It is only after the appointment of new counsel, defendant got to know about ex parte decree - Defendant acted bona fide and diligently -..........
Criminal Procedure Code, 1973, Section 173 -- Reinvestigation - Reinvestigation of the same offence or the same set of facts is impermissible...........
Service -- Termination - Applications for voluntary retirement filed by respondents were kept pending by appellants for no reason till orders of termination were passed - Though conduct of appellants in not deciding the applications cannot be supported at all, but there was no reason for respondents to take recourse to absenteeism - Respondents have already reached the age..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First appellate Court has allowed the application U.O.41.R.27 CPC in a perfunctory manner, bereft of reasons as to why application has been allowed at appellate stage - Order allowing application set aside...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimants have established their case that it was the truck which was involved in the accident with car wherein deceased was travelling - Specific plea of collusion as set up by insurance company not established - Death of deceased thus, caused by driving of truck by respondent no.2 in a rash and negligent..........
