Civil Procedure Code, 1908, Order 21, Rule 22(1) -- Execution - Show cause notice U.O.21.R.22 CPC - When subsequent application has been filed within two years from the withdrawal of previous execution application, there was no requirement for issuance of notice - Executing Court did not commit any error in issuance of warrant of attachment against petitioner without..........
Registration Act, 1908, Section 68 -- Settlement deed - Executed in favour of son - Summons for enquiry - Revenue records updated and mutation granted and son also in possession and enjoyment of property - Whether settlement deed executed by petitioner in favour of his son is valid in the eye of law, is a matter of evidence to be decided only by the competent Civil Court -..........
Service -- Notice of termination - Reserved category - De-schedule of caste/tribe after appointment - Caste of appellants was de-scheduled after appointment - However, State Government vide its Circular 2003 clearly stated that employees holding Scheduled castes certificate issued prior to de-scheduling would be entitled to claim protection of their services albeit as..........
Civil Procedure Code, 1908, Section 152 -- Correction/amendment of decree - Court before exercising inherent power u/s 152 CPC, should issue notice to parties so that they will get an opportunity to have their say in the matter - In that process, ultimate order to be passed in exercise of power u/s 152 CPC will also be known to parties to which they are entitled to...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Accused is a habitual offender and is involved in six more cases - He has also been convicted in two cases under NDPS Act - Mere fact that quantity involved is a non-commercial quantity would not necessarily mean that accused has right to..........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Court is not obligated to invoke power U.O.16.R.14 CPC at the instance of parties and parties have no right to move an application under said rule - However, either of parties can bring to notice of Court the necessity for examining any person as Court witness - If Court is satisfied about such a necessity to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted the she had received a notice and claimed that she came to know about the dishonour after receipt of notice - Therefore, receipt of notice is not disputed - Accused failed to repay the amount despite receipt of valid notice of demand - It was thus, proved that accused had issued the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of writing on cheque - Accused admitted his signatures but contended that he has not filled up the cheque - Accused did not reply to the statutory notice - Accused attempted to protract the proceedings - Order directing to send the disputed cheque for examination to FSL set aside...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant No.1 had issued legal notice requesting for payment of balance sale consideration but plaintiff kept silent - There is not even a notice by plaintiffs before filing suit of showing their readiness and willingness by tendering the amount of balance sale consideration and sending a draft sale..........
Agreement to sell -- Specific performance - Date fixed for execution of sale deed was one year from the date of measurement of suit schedule property - However, no such measurement was carried out and plaintiff has not raised any objection in this regard till he got issued legal notice i.e almost for a period of 3 years - Suit came to be filed only at the fag end of..........
