Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, Punjab Prevention of Human Smuggling Act, 2012, Section 13 -- Anticipatory bail - Offence u/s 420 IPC and S.13 of Punjab Prevention of Human Smuggling Act - Accused has no reference in FIR - Even, there is no allegations to the effect that any part of the amount was ever handed to petitioner..........
Banking law -- Willful defaulter under circular of RBI - Right of representation by a lawyer - Borrower who was declared to be willful defaulter has no right to be represented by a lawyer in the i, house proceedings, as events of willful defaulter would only relate to individual facts of each case...........
Service -- Correction in date of birth - Employee retired on 31.01.2014 and in the month of January, 2014 he submitted representation for correction of his date of birth - Plea that he also made representation in the year 2003 - Employee was well aware that his date of birth was not corrected and he waited for 10 years - Held, it is not open to employee to wait for 10..........
Criminal Procedure Code, 1973, Section 432, 433 -- Premature release - Offence u/ss 302, 307 IPC - Petitioner convicted on 3 counts for offence u/s 302 IPC and on 4 counts for offence u/s 307 IPC and in relation of which he has been given life imprisonment on each count - Question as to whether petitioner should be granted remission and premature release in respect of all..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 17 -- Right of representation through an advocate - Contention that petitioner was not permitted representation by an advocate is unpersuasive, as petitioner took no steps to challenge the order denying petitioner's request to be represented by an advocate, at the material time and not assailed the..........
Haryana Panchayati Raj Act, 1994, Section 161, 176, Haryana Panchayati Raj Election Rules, 1994, Rule 69 -- Election - Challenge thereto - Dismissal of petition - As per R.69 of Rules, if there is application to Returning Officer alleging any malpractice in election, including in counting of votes after they had been cast, said officer is bound to pass order on such..........
Representation of the Peoples Act, 1951, Section 61A, 169, Conduct of Elections Rules, 1961, Rule 49E -- Election - Electronic Voting Machine (EVM) and WPAT Manual - Number of EVMs would be five per Assembly Constituency or Assembly Segments in Parliament Constituency instead of one machine as provided under Guidelines...........
Criminal Procedure Code, 1973, Section 482, Information Technology Act, 2000, Section 71 -- Quashing of proceedings - Offence u/s 71 IT Act - In order to attract S.71 of IT Act, there should be an allegation that petitioner had made any representation or suppressed any fact from Controller or Certifying Authority for obtaining any licence or digital signature certificate -..........
Constitution of India, 1950, Article 329, 226, Representation of the Peoples Act, 1951, Section 81 -- Election matter - Writ jurisdiction - Issue with regard to rejection of nomination - Can be raised for consideration and determination only in election petition after completion of election process - Interference under Art.226 of Constitution is not permissible, in view of..........
Service -- Promotion - Stale claim - Name of applicant for inclusion of her name in panel, which was issued in 2001, was ranked up first time by filing representation after more than 6 and half years i.e in 2007 - Claim of inclusion in panel has become stale by that time and filing of representation will not give any fresh cause of action - Mere fact that representation..........
