Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Compromise arrived at between parties after dismissal of appeal against conviction - Complainant received the amount and was not interested in pursuing the litigation any further - Offence punishable u/s 138 of the Act is compounded - Complaint u/s 138 of the Act dismissed - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Accused acquitted - Complainant could not appear before trial Court on relevant dates due to heart ailment as he was treated in Hospital - He submitted an affidavit u/s 200 Cr.P.C and other documents on record in support of his complaint before said illness - Amount of..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Income of deceased - Admittedly, deceased was a driver of a school bus and he was also owning a lorry which had a goods carriage permit - In such circumstances, merely considering salary of deceased as a driver and not the additional income which he would be earning, cannot be justified - Moreover,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Respondent after the accident would be unable to move without assistance and is also unable to perform his daily activities - Claim petition was for total sum of Rs.95,00,000 - Instead of making minute calculation undertaken by High Court, it is just and proper to award a sum of Rs.95,00,000 as total..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Suit property was mortgaged with Bank - However, Bank is not necessary party in a suit for possession by way of specific performance, particularly when decree for recovery of amount was passed...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere harassment without any positive action on part of accused proximate to time of occurrence which led to suicide would not amount to an offence u/s 306 IPC...........
Tender -- Bid - Letter of Intent (LOI) - Non-compliance of obligations under LOI by successful bidder - Period for execution of contract was one year - Respondent/successful bidder worked at the site for a little over month - No amount was paid for work done - Respondent failed to comply with their obligation under LOI - Failure of successful bidder to comply with..........
Consumer Protection Act, 1986, Section 12 -- Allotment of residential flat - Non-delivery of possession - Interest on refund of consideration amount - Subsequent purchaser who steps into shoes of an original allottee of a housing project on which builder has not honoured its commitment to deliver flat is entitled to relief of interest on refund of consideration amount...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petition by wife - Application for restitution of conjugal rights and for declaration of guardianship and custody of minor children filed by husband sought to be transferred by wife - Interim order granting custody of children to husband is still in force and therefore, contention of wife of children being in..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Suit for damages - Amount of damages shall be determined after adducing of evidence and liberty would be afforded to plaintiff to affix court fee accordingly - Application rightly rejected...........
