Indian Penal Code, 1860, Section 409, 403, 477A, 107, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Criminal Breach of trust - Misappropriation of funds of bank - Plea of clerical mistake - Accused No.1 being a public servant misappropriated the funds of bank by manipulating accounts to facilitate unlawful gains to accused No.3 - Accused No.1 has..........
Transfer of Property Act, 1882, Section 58 -- Mortgage - Right of foreclosure - In case of unsufructuary mortgage, where no time limit is prescribed for getting property redeemed, right to seek redemption of mortgaged property, would not arise from date of execution of mortgage deed, but from date when mortgagor pays of tenders of deposits the money in court - Once a..........
Income Tax Act, 1961, Section 127 -- Transfer of jurisdiction - Opportunity of hearing - Petitioner took plea that jurisdiction was transferred without service of a show cause notice - Reference in the post decisional representation filed by assessee to a telephone call may give rise to an inference that assessee was aware of a proposal to transfer jurisdiction, but does..........
Punjab State Agricultural Marketing Board (Sale and Transfer of plots) Rules, 1999, Rule 3(iiia) -- Interpretation - It is not an independent provision for considering the eligibility of a licensee - It has its genesis in rule 3(iii) - It is not only licensee, who has furnished returns in Form `M' is eligible for allotment of a plot, but also a licensee, who furnished..........
Punjab State Agricultural Marketing Board (Sale and Transfer of plots) Rules, 1999, Rule 3(iii) -- Sale of plot - Rule 3(iii-a) is a provision in continuation of rule 3(iii) dealing with the eligibility of old licensees for allotment of plots - Provision cannot be read in isolation...........
Punjab State Agricultural Marketing Board (Sale and Transfer of plots) Rules, 1999, Rule 3(iii), 3(iiia) -- Reading in conjunction - Meaning - It is apparent that the gap period between the expiry of old licence and issuance of fresh licence can be taken into consideration to determine the eligibility of the firm provided the licensee furnish adequate proof of working in..........
Punjab State Agricultural Marketing Board (Sale and Transfer of plots) Rules, 1999, Rule 3 -- Sale of plot - A successful bidder of plot in an open auction cannot be considered as an eligible candidate for allotment of a plot on concessional basis...........
Criminal Procedure Code, 1973, Section 197 -- Sanction - Complainant alleged that District town Planner asked for the transfer of half land in his favour in lieu of issuance of CLU for the plot - No sanction has been obtained from competent authority before prosecuting the District town Planner - Only on the basis of oral statement of complainant it is not sufficient to..........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17 -- Gift - Registration - S.123 of Act mandates that a Gift deed pertaining to immovable property must be effected by a registered instrument signed by or on behalf of donor and attested by at least two witnesses - S.17 of Registration Act also requires that instruments of gift of immovable..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Genuineness or invalidity of registered gift deed cannot be examined in simple suit for partition particularly when no relief of declaration with regard to gift deed has been claimed by plaintiff - Gift deed, held, to be valid...........
