Negotiable Instruments – Presumption of Consideration – Burden of Proof – Section 118 of the Negotiable Instruments Act – Rebuttal by Circumstantial Evidence – Held: The statutory presumption under Section 118 that every negotiable instrument or endorsement is made for consideration is rebuttable – The burden initially rests on the plaintiff to prove execution, ...
Motor Accident Claim – Minor Claimant – Contributory Negligence – Driving Without Licence – Tribunal reduced compensation from ₹30,000 to ₹12,000 on ground that appellant (aged 17½ years) was not holding a driving licence and thus guilty of contributory negligence – High Court upheld the decision – Held: Mere absence of licence does not automatically ...
Constitutional Law – Article 14 – Equality before Law – Discretion under Section 19 of Slum Areas Act – Challenge on ground of unguided and arbitrary power – Held: Though Section 19(3) does not expressly lay down guidelines, its operation is controlled by the object and purpose of the Act as reflected in the Preamble and operative provisions – Sufficient legisla...
Labour Law – Retrenchment – Continuous Service – U.P. Industrial Disputes Act – Distinction from Central Act – Workmen alleged retrenchment without compliance with Section 6N of U.P. Act – Industrial Tribunal relied only on preceding 12 months’ attendance to hold workmen had not completed 240 days – High Court held Tribunal erred in ignoring broader ...
Mortgage by Conditional Sale – Redemption – Validity of Deed – Defendant No. 2 executed a document in favour of Defendant No. 1 styled as "Kararkharedi" with condition of repurchase on repayment of Rs. 1500 – Defendant No. 2 subsequently sold the property to the plaintiff who filed suit for redemption – Held: Document satisfied statutory requirements of mort...
Rent Control – Subletting – Exclusive Possession – Tenant Subletting Portion of Premises to Relatives Without Written Consent of Landlord – Held: Subletting Proved – Eviction Under Section 14(1)(b) of Delhi Rent Control Act Justified – Appellant No. 1 inducted as tenant in 1956 – Rent receipts in name of M/s Mitra Book Depot – Subsequent businesses r...
Succession Law – Proof of Will – Section 63 of Succession Act and Section 68 of Evidence Act – Will executed two weeks before testator’s death due to cancer – Alleged execution in favour of niece while disinheriting wife and minor children – High Court held Will valid based solely on compliance with formal proof – Supreme Court held that proof of execution...
Service Law – Departmental Proceedings – Smuggling Allegation – Delay in Initiation – Respondent, an Intelligence Bureau officer, was dismissed from service on grounds of unauthorized border visit and alleged complicity in smuggling activities – Customs proceedings dropped charges and criminal court acquitted him of conspiracy and other offences – Department ini...
Income Tax – Reference under Section 66 – Scope of Jurisdiction – High Court’s jurisdiction under Section 66 is confined to questions of law arising out of the Tribunal's order – Such questions must have been raised before or dealt with by the Tribunal – Held: A question neither raised before the Tribunal nor dealt with by it cannot be said to arise out of i...
Motor Accident Claim – Compensation – Liability of Insurer – Driver of the tractor admitted he never held a driving licence – Motor Accident Claims Tribunal dismissed claim, holding insurer not liable due to breach of policy condition – High Court affirmed non-liability of insurer but awarded compensation against driver and owner – Held: Insurance company cannot...