Road widening project -- Directions issued to State or its instrumentalities i.e: (i) Ascertain the existing width of road in terms of official records/maps; (ii) Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps; (iii) If an encroachment is found, issue a proper, written notice..........
Encroachment -- Demolition of residential house - Demolition was preceded only by a Munadi - There was no written notice and no disclosure of the basis of demarcation or extent of demolition to occupiers - Even in respect of area allegedly encroached no due process was followed and a written notice was not issued - Demolition was thus, high-handed and without authority of..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time limit is fixed to perform part of contract by 12.12.1979 - However, no notice issued by plaintiff to defendant by expressing his readiness and willingness on or before 12.12.1979 - Admittedly, notice issued on 18.10.1982 - No evidence that defendant received said notice whatsoever..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Service -- Reinstatement - Employee was relieved from duty and was paid one month salary in lieu of notice as per rules of company - Without any objection employee accepted the cheque and encashed the same - There is thus, no violation of procedure on the part of management in terminating the services of employee - Since the employee is not a workman u/s 2(s) of..........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Setting aside - Cancellation of auction sale is purely unilateral in nature without any notice or opportunity of hearing to respondents - Said cancellation as such is per se in violation of the principles of natural justice and is illegal...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Where accused is abroad at the time of making an application for pre-arrest bail u/s 482(1) BNSS, said material fact has to be disclosed in such an application, failing which it would amount to suppression of material facts from the notice of Court, as said material fact possesses the potential to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223 -- Complaint - Complainant will be examined on oath and his witnesses will be examined - Notice will be issued to accused at that stage and after hearing accused, cognizance will be taken...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223(1)Proviso -- Complaint - Notice to accused - Complaint, sworn statement, statement of witnesses, if any, shall be appended with the notice, for the accused to appear and submit his case before taking cognizance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Notice issued u/s 50 of the Act to accused did not mention any of option or about his rights - It only mentions about necessity - Mandatory requirements of S.50 of the Act not complied - It prima facie renders search and seizure questionable...........
