Companies Act, 1956  - Section 4-A , Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002  - Section 2

Public financial institution - High Court - IFCI Ltd. is a 'financial institution' - As a consequence - Entitled to take recourse - To provisions of SARFAESI Act - Enforce a "security interest" - Challenge in view of Section 4 A(1)(ii) of the Act, 1956, - Industrial Finance Corporation of India - Admittedly regarded as a `public financial institution'- Purpose of said Act - Conversion of Industrial Finance Corporation of India into Company - Not alter its position and status as a financial institution - Impugned judgment and order of High Court - Not interfered - Petition dismissed - No costs.

Found In:  Judgement

The Negotiable Instruments Act, 1881  - Section 138

Conviction - Ld. Magistrate viewed - Imposition of fine - Payable as compensation - Sufficient to meet ends of justice - High Court confirmed - Increased fine - Supreme Court- No interference order of High Court- Increasing amount of compensation- Further sum of Rs.2 lakhs - Appeal partly allowed.

Found In:  Judgement

Civil Law  - Misuser charges

Misuser charges - Claiming by DDA - Prompt steps against tenants for transgression - Issuing Show cause Notices - Petitioner did not take any follow-up action - Instead after a lapse of 25 years - Set up a claim on account of charges for entire period - It would be inequitable to allow - Take advantage of its inaction - Claiming misuser charges - What would construe a reasonable time - Depends on facts and circumstances of each case - It would not be fair to demand after 25 years - On account of inaction of petitioner.

Found In:  Judgement

Motor Vehicles Act,1988  - Motor Accident Claim

Insurance Company liable - Compensation to passengers - Travelling in a public transport - Breach of conditions of permit - Insurance policy sitting capacity six persons including driver - Vehicle carrying fifteen passengers - Fell into a ditch - Death majority of passengers - Causing serious injuries - Remaining passengers claim lodged - Tribunal directed - Insurance Co pay compensation to claimants - High court confirmed - Appeal - Liability of the insurer - Confined to number of persons covered by insurance policy - Not beyond the same persons travelling in excess - Entitled compensated by owner - Entitled compensation from insurer recover from owner -Insurance Co deposit total amount awarded - Entitled to recover excess of its liability from owner by execution - Appeals disposed.

Found In:  Judgement

Indian Penal Code,1860  - Section 376 , Section 302 , Section 392

Rape, murder and robbery - Conviction and sentence - Sentenced to death by hanging - High Court confirmed - Conviction and death penalty - Appeal - Death of victim was homicidal - Amply proved by the Post mortem report - Death was due to asphyxia - Smothering and evidence of violent sexual intercourse and attempted strangulation - Evidence of P.W.2, minor son of deceased - Clearly depicted the manner - After returning from playing - He found the appellant - Coming out of the room - Identified the accused in T.I. Parade in Court room - P.W.2 was corroborated by P.W.10, P.W.11 further corroborated the presence of the accused at the time of the incident - Forensic report and Finger Print expert established - Finger prints lifted from the handle of the steel almirah in the room, matched the finger print of the appellant - Clearly established his presence - Inside the house of the deceased - Conviction of the appellant u/sec. 376, 392 and 302 IPC confirmed - Further, the offences committed and merciless manner - Rarest of rare cases - Merits death penalty - Trial Court and confirmed by the High Court - Death sentence confirmed - Appeals dismissed.

Found In:  Judgement

The Protection of Women From Domestic Violence Act, 2005  - Section 2

Word 'respondent' - Interpretation of - "Females" not included in the definition of "respondent" in Section 2(q) of the Act of 2005 - Trial Court holding that female members cannot be made parties in proceedings under the Act of 2005 - Order confirmed by Ld. Single Judge relating to deletion of the names of `other members' - Appeal against - No restrictive meaning has been given to the expression "relative", nor has the said expression been specifically defined in the Act of 2005 to make it specific to males only - If the legislature intended to exclude females from the ambit of the complaint, which can be filed by an aggrieved wife, females would have been specifically excluded, instead of it being provided in the proviso that a complaint could also be filed against a relative of the husband or the male partner -Impugned orders of the lower Courts set aside - Directions issued to proceed against the Respondents.

Found In:  Judgement

Workmens Compensation Act, 1923  - Section 30 , Section 4

Compensation - Workman employed as Bus driver - Sustained grievous injuries - Suffered 65% total body disability and 20% functional disability - Commissioner took 85% as functional disability for quantifying compensation and awarded Rs. 1,75,970/- with interest at 12% p.a. - Whether percentage of disability taken by Commissioner at 85% was against the weight of medical evidence - Held - (Yes) - Appellant lost his capacity to function as a driver, but with the help of external aids he is able to perform work which is suitable to his physical condition after accident - Commissioner seems to have confused the issue by combining both functional disability and permanent disability and arrived at 85% by way of loss of earning capacity - Appellant posted as a Peon by Corporation on same salary - Injury suffered by appellant did not disable him permanently from earning his living other than as a driver - Percentage of functional disablement modified since appellant is permanently disabled so far as earning livelihood as a driver is concerned - Loss of earning capacity has to be computed keeping in mind alternate employment given to appellant on same salary - Same cannot be ignored in computing amount of compensation-Finding of High Court affirmed, however functional disability modified from 20%to 35%.

Found In:  Judgement

Workmens Compensation Act, 1923  - Section 4-A

Interest - Award of - Commissioner awarded interest at 12% p.a. - Interest under W.C. Act cannot be claimed from date of filing of application - But only after a default is committed in respect of payment of compensation Within 30 days from the date on which payment becomes due.

Found In:  Judgement