Civil Procedure Code, 1908, Order 9, Rule 3, 4 -- Restoration of suit - Suit dismissed in default U.O.9.R.3 - Both parties absent - No notice had been sent to counsel or parties with respect to change of date - Case of plaintiffs is that they wrongly noted date and then moved an application for restoration within 1 month of date they had noted - No objection given to..........
Agreement to sell -- Specific performance - Readiness and willingness - No failure on part of plaintiff to perform his part of contract - Defendants on the other hand, without following conditions mentioned in agreement to sell, has chosen to issue a feigned legal notice, which itself is frivolous - There is no mistake nor failure on part of plaintiff - Plaintiff always..........
Service -- Dismissal - Non-supply of inquiry report prior to issuance of show cause notice - Disciplinary authority communicated the report of inquiry officer to respondent along with show cause notice - Order of dismissal passed after considering the explanation submitted by respondent - No prejudice was caused to respondent by non supply of inquiry report along with show..........
Service -- Retirement - Withholding of retiral benefits - Without issuing show cause notice - Show cause notice indeed has to be issued if any adverse order is contemplated - However, appellant himself acquiesced to these demands made by respondents while filing up his proforma at time of retirement by admitting to certain amounts - Once appellant has accepted certain..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A, 12, 22, Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12(3), 13(iii) -- Order of resumption - Imposition of penalty upon cancellation of Lease due to non-payment of premium - Challenge against on ground of non-grant of opportunity of hearing - Issuance of notice to lessee merely to pay..........
Specific Relief Act, 1963, Section 37, 38, Transfer of Property Act, 1882, Section 106 -- Suit for permanent injunction - Lease - Restraining defendants from interfering in peaceful possession - Lease terminated by serving notice u/s 106 TPA - Plaintiff not pleaded any protection under rent laws - Since the year 2005 plaintiff has not paid even a penny - Held, in these..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1.5 kg charas - Accused is an illiterate lady and was alone at the time when she was arrested - Right thumb impression of accused was taken on notice u/s 50 of the Act and consent memo - However, it is nowhere mentioned that contents of notice or reply were read over to accused and after..........
Indian Penal Code, 1860, Section 332, 147, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 332, 147 IPC - Probation on good conduct - Accused a rustic living in his native village located on fringes of a forest - He has no criminal history and thus, he is a person who can be reformed and would cease to be nuisance to society - Even otherwise, accused already..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Dishonour of cheque - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the given address, hence, no, appearance of petitioner held,..........
Indian Contract Act, 1872, Section 74 -- Public auction - Breach of contract - Non-compliance of four conditions by bidder - Four conditions not accepted by bidder were not the part of public notice, nor they ever communicated to bidders before auction proceedings - Since those four conditions were added unilaterally and communicated to bidder/appellant by respondent no.2..........
