Haryana Municipal Election Rules, 1978 -- Election of office of President of MC - Returning officer, on instructions from Election Commission, directed members to put Cross (x) in ballot paper against candidate for whom he wanted to vote, though, Rule 71 provided to write `Yes' or `No' on ballot paper - Held, such a direction, though violative of Rule 71, will not render..........
Consent decree -- Passed on the basis of family settlement - Statement of defendant recorded in Court - Challenged on the ground of fraud and misrepresentation - Statement made in Court cannot be said to be obtained by fraud or misrepresentation or by using blank paper bearing thumb impression of defendant - Plea to that effect is patently unreliable and untenable -..........
Indian Penal Code, 1860, Section 489B, 489C -- Possession of counterfeit currency notes - Proof - Material witnesses PW2 nowhere says in his evidence that notes were sealed after they were seized from accused nor he speaks about identification of seal or identifies signature seizing notes - PW1 does not speak regarding bundle of notes having been covered with any paper or..........
Registration Act, 1908, Section 17, 49 -- Receipt - Purports to be sale deed or agreement - Receipt executed neither on stamp paper nor registered - Held, receipt being unstamped and unregistered cannot be used as evidence - It cannot be used even for collateral purpose because it does not recite specifically that possession of suit land has been delivered to the..........
Civil Procedure Code, 1908, Order 7, Rule 11, 12 -- Rejection of plaint - Court at the time of assuming jurisdiction can reject plaint for curable defects when not rectified or due to non curable defects - O.7.R.11(b), (c), (e), and (f) are curable defects - O.7.R.11(a) and (d) are defects when plaint does not disclose cause of action or suit is barred by any law - By..........
Specific Relief Act, 1963, Section 20 -- Validity of agreement - Stamp paper used was purchased two years back - Held, it cannot be taken as the sole ground for disbelieving the agreement...........
Agreement to Sell -- Suit for specific performance - Ready and willing - Plaintiff remained present in the office of Sub Registrar on the stipulated date - However, stamp paper for affidavit to this effect purchased the previous day - Plaintiff not cross examined on this aspect - Held, mere purchase of stamp paper for affidavit a day in advance does not in way go against..........
Right to Information Act, 2005, Section 8(e)(j) -- Petitioner sought information regarding question paper and the model key code of the examination conducted to fill up the post of Haryana Civil Services - Held, information cannot be declined to the petitioner as the same is not an exempted information...........
National Investigation Agency Act, 2008, Section 6, Unlawful Activities (Prevention) Act, 1967, Section 15 -- Scheduled offence - Terrorist Act - Victim, a Professor, prepared question paper for examination of B.Com students, ridiculing Prophet Mohammed - Appellant-accused, along with other hatched conspiracy pursuant to which seven assailants formed unlawful assembly and..........
Unlawful Activities (Prevention) Act, 1967, Section 43D(5) -- Bail - Victim, a Professor, prepared question paper for examination of B.Com students, ridiculing Prophet Mohammed - Appellant-accused, along with other hatched conspiracy pursuant to which seven assailants formed unlawful assembly and armed with lethal weapons, caused bodily injury to victim Professor resulting..........
