Indian Penal Code, 1860, Section 300 -- Exception 4 - Applicability of provision - For bringing the case within Exception 4 to Section 300 of Indian Penal Code, Court has to arrive at a conclusion that the act was committed: (i) without pre-meditation; (ii) in a sudden quarrel; (iii) without the offender's having taken undue advantage; or (iv) acted in a cruel or unusual..........
Punjab Land Revenue Act, 1887, Section 111, Punjab Tenancy Act, 1887, Section 4(1) -- Partition - Distinction as to land used for agricultural/subservient purposes vis a vis land assessed to land revenue - Sec. 4(1) of Tenancy Act deals with agricultural tenancies - Subject matter of partition under section 111 of Land Revenue Act are land or tenancy - Partition of tenancy..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Only the drawer of cheque is liable - A payee or an endorser is not liable under Section 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for discharge of a time barred debt - Held, such a cheque is within the sweep of Section 138 Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security for repayment of loan - Cheque will continue to be one issued for discharge of liability as contemplated under Section 138 of the Act...........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Government or public officer - Suit against - Notice u/s 80 CPC is imperative - In case urgent and immediate relief is to be granted suit can be instituted without service of notice u/s 80 with leave of the Court - Such leave must precede the institution of suit - Order granting leave must indicate the ground(s) pleaded..........
Arbitration and Conciliation Act, 1996, Section 11(6), 15(2) -- Arbitrator - Appointment - Jurisdiction of Court - Under section 11(6) of the Act, Court has jurisdiction to make appointment only when the person including an institution, fails to perform any function entrusted to it under that procedure...........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Notice - Service of - Condition precedent for institution of a suit against Govt. or a public officer - No suit can be filed against Govt. or a public officer unless requisite notice u/s 80 (1) has been served on such Govt. or public officer - Section imposes a statutory and unqualified obligation upon Court - In absence..........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Suit against Govt. - Service of notice - Exemption - No urgent or immediate relief granted by the Court - Section 80(2) mandates that if Court is of the opinion that no urgent relief deserve to be granted, it should return plaint for presentation after complying with requirements as contemplated u/s 80(1)...........
Indian Penal Code, 1860, Section 182, 482 -- Quashing of Kalandra - In the private complaint filed by the petitioner, the accused have been summoned, though they were found innocent by the police in the FIR - Police submitted impugned Kalandra under Section 182 IPC against the petitioner for initiating proceedings against him for giving false information - Held that at..........
