Constitution of India, 1950, Article 226, 227, Electricity (Supply) Act, 1948, Section 49, 79(j), Clause 21A, Haryana Government Electrical Undertaking (Dues Recovery) Act, 1970, Section 6, Punjab Land Revenue Act, 1887, Section 61 -- Liability of auction purchaser qua arrears of electricity dues of previous owner - Electricity supply disconnected on account of non payment..........
WILL -- Proof of Will - Suspicious circumstances - Trial Court after pointing out nine suspicious circumstances surrounding execution of Will held the same could not have been executed by testator - High Court in appeal highlighted three more suspicious circumstances & upheld the judgment of trial Court - Division Bench (DB) in LPA reversed the said judgments holding that..........
Election -- Recount of votes - Narrow margin of votes - Necessity of maintaining secrecy of ballat papers - `Doctrine of prejudice' - Not a relevant factor, having regard to constitutional and statutory scheme involving holding of election and consequences amanating from direction of recount of votes which can lead to identification of votes. Punjab State Election..........
Contract Act, 1872, Section 59, 60, 61, 62 -- Appropriation of payments - Applicability - Section attracted when more than one debt is due from the debtor to creditor - Not attracted when there is only one debt due - Nor have any direct application where debt due merged in a decree - Decreetal amount to be appropriated in decree it self or as per O21 R1 relating to..........
Hindu Succession Act, 1956, Section 8 -- Will by father in 1942, creating life estate in favour of sons and thereafter property devolving on heirs of sons - Prior to coming in force of Hindu Succession Act, grand-daughters not entitled to inherit their father's share in property - After commencement of Act, in terms of section 8 they became heirs of their father, as..........
Transfer of Property Act, 1882, Section 41 -- Void document - Bonafide purchaser - Sale held to be void on account of defective title of vendor - Protection under Section 41 not available to vendee...........
Constitution of India, 1950, Article 136 -- Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 - Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 - Detention order - New grounds - Ordinarily the Supreme Court should not exercise its discretionary jurisdiction under Article 136 of the Constitution by..........
Constitution of India, 1950, Article 22(5) -- Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 - Detention order - Documents - Non supply of - The statements of appellant and `P' were material - They could not have been withheld - If original of the..........
Constitution of India, 1950, Article 226, 227 -- Election disputes - Scope of interference in writ jurisdiction - Election of members of Executive Board of Delhi Sikh Gurudwara Managment Committee - Dispute with regard to the date of holding of meeting - Writ for quashing meeting held for conducting elections - Matter agitated purely factual in nature - Proper remedy to..........
Electricity Act, 2003, Section 135, 138, 151, Indian Penal Code, 1860, Section 379 -- Theft of electricity - FIR lodged under S.379 IPC - FIR quashed - For theft of electricity provision of Section 135 Electricity Act applies - Cognizance of offence u/s 135 Electricity Act can only be taken upon a written complaint made by officer authorised...........
