Sunday, May 16, 2010
Motor accident — Compensation.
Motor accident — Findings of Tribunal — Where the claimant does not prefer any cross-objection against the finding recorded by the Tribunal that finding must be said to have assumed finality under Order 41 Rule 22 of CPC. See 2010 (5) LJSOFT (URC) (NAG) 7
Medical negligence.
Medical negligence — Offence punishable u/s 315 of IPC — Intention is one of the major ingredient. See 2010 (5) LJSOFT (AUR) 95
Maintenance — Second wife/ mistress.
Maintenance — Second wife/ mistress — Applicant have recourse to the provisions of Protection of Women From Domestic Violence Act. See 2010 (5) LJSOFT (URC) (NAG) 13
Interest — Delay in payment of decretal amount.
Interest — Delay in payment of decretal amount — An action only for interest is not unusual — Delay in payment of the decretal amount furnishes an independent cause of action for payment of interest on account of such delay — Claim maintainable u/s 3(1)(a), 3(1)(b) and u/s 4 of the Interest Act — Court in exercise of powers under Article 226 can also grant interest in such a a case. See 2010 (5) LJSOFT 87
Income tax — Re-opening of assessment.
Income tax — Re-opening of assessment — Reasons recorded cannot be allowed to grow with age and ingenuity by devising new grounds in replies and affidavits — Reasons which are recorded cannot be supplemented by affidavits. See 2010 (5) LJSOFT 68
ESI Act — Applicability of.
ESI Act — Applicability of — Gas lighter with a flame was being used for melting and soldering the gold and other ornaments — Use of LGP satisfies the definition of power — Manufacturing process was going on with aid of power. See 2010 (5) LJSOFT (URC) (GOA) 30
Divorce — Mental cruelty — Filing of false criminal case.
Divorce — Mental cruelty — Filing of false criminal case — Solitary incidence would itself constitute mental cruelty — It is illogical that more than one complaint are necessary to be filed to constitute mental cruelty. See 2010 (5) LJSOFT (URC) 29
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