Representation of the Peoples Act, 1951, Section 33A, 125A, Conduct of Election Rules, 1961, Rule 4A -- Election - Form 26A - Offences punishable with imprisonment for two years or more - Mandates disclosure of information by contesting candidate of not only cases in which charges have been framed but also cases in which cognizance has been taken by the Court - Any false..........
Representation of the Peoples Act, 1951, Section 33A, 125A, Conduct of Election Rules, 1961, Rule 4A -- Election - Form 26A - Offences punishable with imprisonment for two years or more - Information to be furnished u/S.33A of 1951 Act includes not only information mentioned S.33A(1)(i) and S.33A(1)(ii), but also information, that candidate is required to furnish, under..........
Representation of the Peoples Act, 1951, Section 33A, 125A, Conduct of Election Rules, 1961, Rule 4A -- Election - Form 26A - Respondent had knowledge of two cases against him which had not been mentioned in affidavit filed by Respondent alongwith his nomination papers - High Court order set aside - Complaint of the appellant will be considered afresh by trial Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Seizure memo - Proof - Signature of accused - At no stage even a suggestion was put to the witness that either the signatures of the accused were taken by fraud, coercion or mis-representation or that the signatures were not of the accused or that they did not understand..........
Indian Penal Code, 1860, Section 420 -- Cheating - Transfer of property - Defect in title - There is difference between mere concealment or non disclosure and a false representation - There is no legal duty for vendor of immovable property to disclose any charge or encumbrance, yet, if a false representation is made and acted upon, and as a result, money passed, then tough..........
Indian Penal Code, 1860, Section 420 -- Cheating - To hold person guilty of cheating, it must be shown that accused had a fraudulent or dishonest intention at the time of making representation or promise and there must be a culpable intention at the time of making promise - Culpable intention cannot be presumed, merely because he failed to keep up promise subsequently...........
Rajasthan Municipalities Act, 1959, Section 173A(2) -- Change of use of land - Commercial-cum-residential complex - Respondents intended to construct multi-storyed building for commercial-cum-residential complex for which conversion charges as condition precedent for sanction map is mandatory - Contention of respondents that they were forced by Corporation to apply for..........
Trade Unions Act, 1926, Section -- Election to General Council and Managing Committee of Sabha - Challenge as to Election programme - Election Officer confines itself to the Constitution of Sabha and could not have imported ideas which have not rooted in Constitution of Sabha - Programme must be completely in accord with governing Statute and Constitution of Sabha - In..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Appeal preferred by accused - Non-representation for accused - When there was no representation for accused, High Court ought not to have disposed of case on merits - Once appeal against conviction is admitted, it is duty of appellate Court either to appoint an advocate as amicus curiae or to..........
Service -- Promotion - Non-disclosure of Annual Performance Appraisal Report (APARs) - Promotion for 2014-15 depended on APARs for 2011-12, 2012-13 and 2013-14 - Fact that appellant was given a lower grading for 2011-12 would materially affect whether or not he should be promoted from Scale III to Scale IV for the year in question - Non-communication of entries is..........
