Civil Procedure Code, 1908, Section 80(1) -- Notice - Provision of S.80 CPC is mandatory but the same can be waived by defendant - Defendant when waives the requirement of issuance of notice by not raising objection in the written statement then plaintiff cannot be non suited on the ground of non service of notice on the defendant prior to institution of suit...........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Auction sale -- Cancellation of auction - Auction cancelled due to erroneous minimum rate provided in the Notice Inviting Tender (NIT) - Appellants were well within their rights to cancel the auction, as terms and conditions of NIT, empowers appellant to accept or reject any or all bids - Moreover, pursuant to the cancellation of first NIT, a second NIT was issued wherein..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice would not be rendered invalid merely because period mentioned therein was short as prescribed u/s 106(1) of the Act, in the event suit proceedings have been initiated after expiry of the period mentioned in the provision...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Once the tenancy stood terminated by issuance of notice as landlord inclined himself to terminate it, question of default should not have be gone into...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband compelled wife to leave the job and stay with him - She filed divorce petition - However, before that since there was compatibility issue, therefore, she issued notice to husband requesting for mutual divorce - Husband never wanted that wife should get divorce which itself amounts..........
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..........
Agreement to sell -- Suit for specific performance - Limitation - As per agreement time not fixed for execution of sale agreement - Limitation is thus governed by second part of Art.54 of Limitation Act - Limitation of three years starts to run when plaintiff has notice that performance has been refused...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Contention that doctrine of lis pendens does not apply because the petition for review was lying in the registry in a defective state cannot be accepted - Contention rejected, as Doctrine of lis pendens kicks in at the stage of `institution' and not at the stage when notice is issued by Court - Thus,..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Borrowing of amount by defendant is clearly narrated by PW2/scribe of suit promissory note, in his evidence - Plaintiff issued a legal notice to defendant, but he did not choose to give any reply by denying suit promissory note - Defendant is unable to show any reason or circumstance to disbelieve the..........
