Constitution of India, 1950, Article 165, 217, 226, 21 -- Public Interest Litigation - Person appointed as Advocate General by the State Govt. - Appointment challenged by petitioners (one of them a practicing lawyer) by filing PIL on the plea that the person was not eligible for appointment under Article 165 read with Article 217 of the Constitution of India as he was more..........
Evidence -- It is either direct or circumstantial - Evidence is direct if it consists of eye witnesses - Circumstantial evidence is evidence of relevant facts from which, one can, by process of intuitive reasoning, infer about the existence of facts in issue or factum probandum...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - On the ground of stop payment and difference in signatures of drawer - Order of cognizance and issuance of process challenged in revision - Held, difference in signatures appearing on the impugned cheque is of no consequence at this stage - Further held, that a party should not be allowed to get away..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque on ground of stop payment - Order of cognizance and issuance of process challenged in revision on the ground that the cheque was issued only as a security - Held, at the stage of taking cognizance, Court is look into the materials placed before it by the complainant - The Court taking cognizance is not to..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence by order - Witnesses summoned through process of Court for different dates - However, they could not come present - Held no prejudice is going to be caused to the plaintiff in case one more opportunity is given - Respondent compensated by cost assessed at Rs.3, 000/-...........
Haryana Municipal Act, 1973 -- Haryana Municipal Election Rules, 1978, Rule 86 - There is no estoppel against the statute - If there was a material irregularity that resulted in the vote cast being void, the obvious effect is that the acceptance of such void vote would also amount to affecting the ultimate decision in the electoral process - The juxtaposition of the..........
Indian Penal Code, 1860, Section 107 -- Abetment - Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing - Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - A trust is reposed to fill the amount as per the understanding or agreement between the parties - If there is prima facie reason to believe that said trust is not honoured then continuation of prosecution u/s 138 of the Act would be the abuse of process of law - In that event parties are..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Recall of process - An accused aggrieved by the issuance of process has the remedy to approach High Court either u/s 482 Cr.P.C. or under Article 226/227 Constitution of India and not to the same Magistrate who issued the process as he has no jurisdiction to..........
Haryana Cooperative Societies Act, 1984, Section 28 -- Proviso - Election of managing Committee of the Society - No person elected belonging to backward class - Challenged election - Entire election process gone through without there being any enumeration about the backward class distribution - Held, if the petitioner who seeks to be backward class has participated in the..........
