Indian Penal Code, 1860, Section 420 -- Cheating - No allegation of complainant that any accused has made any representation to him to part with any property - As such for want of any representation, question of any fraudulent or dishonest inducement of complainant does not arise - Moreover, complainant has not parted with any property to accused, nor has he executed sale..........
Stamp Act, 1899, Section 47A, Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, Section 47A(6) -- Market value of property - Provisional order - Collector is obligated to communicate the provisional order to parties concerned in respect of fixation of correct value of property and also the duty payable in Form II - However, after the issue of Form..........
Service -- Death of employee - Grant of ex gratia financial assistance - Claim of ex gratia financial assistance would survive and operate to widow of deceased, especially in the light of fact that her son, for whom she had sought an appointment on compassionate grounds has been found to be ineligible because of he being a minor - Government of Haryana had taken a..........
Service -- Pensionary benefits - Interest on belated payment of pension - Appellants were paid arrears of revised pension, but, they were not granted any interest for payment of arrears of pension due to them - However, appellants waited till the rights of retired employees/Lecturers of Government Colleges, were crystalised and thereafter, made representation to the..........
Practice and Procedure -- Representation on behalf of Government authorities - Written instructions from competent authorities is imperative - Directions issued that : it is imperative that the official(s)/counsel(s) appearing before the Court to represent the Government authorities should equip with proper written instructions from the competent authorities - If any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Dismissal of appeal - Non-appearance of appellant/accused - Appeal dismissed, as there was no representation for appellant on the date of hearing of appeal - Dismissal of criminal appeal in default cannot be legally sustained and as such, same is liable to be set aside -..........
Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Agreement in question did not mention GPA or indicate that defendant No.1 was acting on behalf of his sisters/co-owners - Defendant No.1 signed the agreement solely in his capacity and there was no representation made to plaintiffs that he had the authority to bind..........
Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 86 -- Rejection of election petition - Election petition should not be rejected at the very threshold where there is a substantial compliance of provisions of Representation of the People Act...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - When co-ordinate Bench of same High Court based on same grounds of detention and on the basis of same material which was relied on by detaining authority had come to a considered conclusion that non-supply of certain documents had vitiated the right to make an..........
Protection to life and liberty -- Live-in-relationship - Girl is minor aged about 17 years and boy is major aged about 19 years - They are living together and want to marry each other against the wishes of respondents - Petitioners have not attained the marriageable age - Direction issued to SSP to consider the representation made by petitioners and since the girl is..........