Insolvency and Bankruptcy Code, 2016 — Ss. 238-A and 61:
Non-supply of free copy of impugned order does not affect, and thus, shall not extend the limitation period for filing an appeal under S. 61 IBC. Scheme laid down in…
Contract and Specific Relief Act- Specific Relief Act, 1963 — S. 19(b): Suit for specific performance against whom not enforceable:
Specific performance, held, cannot be enforced against such purchaser or their transferees as they would fall within exception of transferee for value who had paid money in good faith and…
Civil Procedure Code, 1908 — Or. 23 R. 3-A and Or. 7 R. 11(d) — Applicability of Bar under Or. 23 R. 3-A on suit seeking to set aside compromise/consent decree on ground that compromise on which decree is based was not lawful —:
An independent suit challenging compromise/consent decree on ground that it is not lawful is not maintainable. Proper remedy for challenging compromise/consent decree on ground that it is not lawful, reiterated,…
Tort Law-Employees’ Compensation Act, 1923 — Ss. 30 and 3 — Maintainability of Appeal to High Court:
The view taken by the Commissioner had been a possible view of the matter in the given set of facts and circumstances. When no substantial question of law arising within…
Tort Law-Employees’ Compensation Act, 1923 — S. 3 —
Employer’s liability to pay compensation: Appellant driver of goods carrier meeting with serious accident resulting in his right upper limb above wrist joint being amputated consequent to which he losing…
Civil Procedure Code, 1908 — Or. 37 R. 2 — Summary suit — Principles to be followed for the grant of Leave to defend
While dealing with an application seeking leave to defend, held, it would not be a correct approach to proceed as if denying leave is the rule or that leave to…
Penal Code, 1860 — Ss. 302 and 148 — Large number of accused involved
For determination of culpability of each accused there is necessity of parsing evidence carefully in respect of each accused. High court has unnecessarily given weightage to some minor contradictions, which…
Penal Code, 1860 — Ss. 302/34 and 201
In this case, death of deceased was due to burning in her matrimonial home. Case was based on circumstantial evidence and involvement of husband and mother-in-law (both appellant-accused herein) of…
Hindu Marriage Act, 1955 — S. 24 — Relevant factors for Interim maintenance — Entitlement to and Quantum of
Reduction in capacity to pay of the person liable to pay the maintenance is relevant factor while determining maintenance. A final decision shall be taken by the family court concerned…
Hindu Marriage Act, 1955 — S. 13(1)(i-b) and S. 13(1) Expln. Scope and meaning of “Desertion” as a ground for divorce
Desertion means intentional abandonment of one spouse by other without consent of other and without a reasonable cause. There should be animus deserendi on part of deserting spouse. Whether a…