Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused himself admitted his liability of Rs.2 lakh which he had borrowed from complainant in the year 2004 - He has no case that he repaid that amount to complainant after receipt of lawyer's notice - Accused got an acquittal on mere technicalities - However, in appeal, though..........
Stamp Act, 1899, Section 47A -- Market value of property - Enquiry by Registering Authority is a pre-condition for making reference to Collector for determination of market value of property - Determination of market value without notice of hearing to parties is liable to be set aside...........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Validity - Notice of ejectment was sent by plaintiff by registered post with A/D asking the defendant to quit and vacate the suit premises - Notice was received by defendant by putting his signature on the A/D card - Notice is valid...........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Notice of eviction was duly received by defendant and suit was filed by plaintiff after lapse of 15 days from the date when notice of eviction was received by defendant - Landlord is entitled to eject tenant after giving him notice to quit unless tenant proves that he has a right to remain on the land..........
Service -- Regularization - Consistent performance of appellants over their long tenures solidifies their claim for regularization - Respondents did not raise any issues regarding competence or performance of appellants during their engagement - On the contrary, their services were extended repeatedly over the years, and their remuneration, though minimal, was..........
Indian Penal Code, 1860, Section 312, 313 -- Offence u/ss 312, 313 IPC - Allegation that complainant was given poisonous food by appellants herein and was coerced into consuming the same - However, it is mentioned in the FIR that complainant used to live in a separate house due to alleged harassment by appellants and their son - There is not even a whisper in FIR about..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Offending vehicle was at such a high speed that vehicle of deceased was dragged for about 15 feet and was not just an incidental collusion - Conduct of petitioner was rash and negligent one - Petitioner had failed to give a reasonable explanation when incriminating material was brought to his notice..........
Agreement to sell -- Specific performance - Defendant No.2 executed agreement to sell in the capacity of partner and director of Firm - Advance taken was credited in the bank account of Firm - Defence of defendant No.2 that his signatures were obtained on the agreement while he was intoxicated not tenable, as defendant No.2 as well as other partners had not initiated any..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 8, Capital of Punjab (Development and Regulation) Act, 1952, Section 2(k), 22, Chandigarh Lease-hold of Sites and Building Rules,1973, Rule 12(3) -- Cancellation of lease - Original allotment made in favour of allottees was cancelled by Assistant Estate Office after affording sufficient opportunity of..........
Agreement to sell -- Specific performance - Limitation - No time is fixed in the agreement for performance of contract - In that circumstance, plaintiff would bring the suit when she had notice that performance is refused...........
