Negotiable Instruments Act, 1881, Section 143A -- Substantive or procedural law - S.143-A of the Act cast a substantive obligation upon accused and thereby effect substantive right of accused - Hence, by no means this provision can be taken as procedural in nature...........
Service -- Posts of teachers - Revised pay scale - Appointment orders of appellants did not mention anything that appointments were contractual or on part time basis - Appointment orders in fact stated that it would be governed by provisions of University Statutes - Facts on record indicate that appointments of appellants were on permanent basis and that they were..........
Court Fees Act, 1870, Section 12, Civil Procedure Code, 1908, Section 107(1) -- Determination of Court-fees - Power of first appellate Court u/s 12 of Court-fees Act - First appellate Court is competent to adjudicate the issue in respect of amount of fees payable in appeal as well as in suit - However, Court-Fees Act being substantive law in respect of payment of court..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Arbitration clause in separate document - Principle of incorporation by reference of an arbitration clause from another document or contract is provided in statute itself u/s 7(5) of the Act, as arbitration agreement need not necessarily be in the form of a clause in substantive contract itself..........
Evidence Act, 1872, Section 3 -- Recovery of blood stained iron pipe - Not sufficient to connect accused with the crime as it is not a substantive piece of evidence in itself unless the same is corroborated with other evidence - Presence of `O' blood group on the iron pipe will not by itself establish guilt of accused unless same is connected with the murder of deceased by..........
Civil Procedure Code, 1908, Section 144, Order 19, Rule 2 -- Affidavit filed in support of application for restitution of property - Can be treated as evidence for purpose of O.19.R.2 CPC to cross-examine deponent of affidavit, as application for restitution u/s 144 CPC is substantive application and adjudication by a Court u/s 144 CPC is a decree, which can only passed..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Order refusing to appoint local commissioner or accepting prayer for appointment of local commissioner are not revisable orders - Such type of orders do not decide substantive right of parties - Petitioner would be well within his right to lead substantive evidence during trial - Discretion of Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 2 kg ganja - Secret information - Non-compliance of S.42 of the Act - PW13 neither stated that information entered in station diary nor same was intimated to superior officer - Relevant station diary not proved during trial nor abstract of same exhibited - Even though in FIR, it is stated about..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Neither FIR nor charge sheet mention the name of appellants - Complainant mentioned the names of appellant for first time in High Court that too without any substantive evidence - Impugned order of High Court to summon additional accused, not justified, hence set aside - Appeal allowed...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Permanent disability - Plea of claimants that Tribunal erred in giving undue importance to FIR and testimony of respondent no.1 who was interested witness - Plea held, tenable as FIR cannot be taken to be substantive evidence - In the instant case, author of FIR was illiterate person who was at that time lodged..........
