Civil Procedure Code, 1908, Order 39, Rule 2-A -- Suit disposed of in view of statement of Corporation that building will not be demolished except by due process of law by issuance of necessary notice - Building demolished in violation of undertaking given - Held, appropriate remedy available is under Contempt of Courts Act and not U.O.39.R.2-A - Punishment U.O.39.R.2-A..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for possession filed by plaintiff - Defendant proceeded exparte - Suit decreed - Application for setting aside exparte judgment and decree - Issues framed - Application dismissed by Trial Court - Appellats Court recorded a finding that defendant not served either through ordinary process or by way of proclamation -..........
Punjab Land Revenue Rules, 1908 -- Vaccancy of Lambardar - Filling up of vaccant post without formal approval of Collector - Post of Lambardar fell vaccant due to death of Lambardar - Application by one person to Collector for appointment as Lambardar - Collector forwarded application to Lower Revenue Officer for necessary action - No formal communication by Collector for..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Consideration - Cheque issued towards investment in one of the complainants' Fixed Deposit Schemes - Cheque is issued without consideration or that it was not issued towards the discharge of any debt or liability - Order by Revisional Court setting aside the order issuing process cannot be faulted..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Issue of process - Only because some evidence has been brought on record, the same by itself may not be a ground to issue process - Court is required to scrutinize the materials more closely - Power u/s 319 Cr.P.C. is not to be exercised in a mechanical manner...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Issue of process - For exercise of extra ordinary jurisdiction Court has to take into consideration the fact as to whether an appropriate case has been made out keeping in view the fact as to whether prosecution would be able to bring home the charge...........
Constitution of India, 1950, Article 243U, 243E -- 'Whether duration of Municipality fixed under Article 243-U is mandatory in nature?' - Incumbent upon Election Commission and other authority to see that new Municipality is constituted with in time and election to Municipality are conducted before expiration of its duration of 5 years as stipulated in Article 243-U(1) -..........
Punjab State Election Commission Act, 1994, Section 41(2), 41(4) -- Rejection of nomination papers - Restrictions on powers of Returning Officer - Nomination papers rejected on ground beyond the purview of provisions of Sec. 41(2) (a) & (b) - Rejection without any defect of substantial character - Returning Officer exceeded his powers - Played havoc with election process -..........
Punjab Security of Land Tenures Act, 1953, Section 8, Punjab Tenancy Act, 1887, Section 59 -- Dholi tenure vis-s-vis Occupancy tenure - Distinction - Dohli Tenure not same as occupancy tenure - Occupancy tenure is capable of sale carrying with it pre-emptory obligation to offer it in the first instance to landowner - No such obligation in Dholi tenure - Occupancy rights..........
Indian Penal Code, 1860, Section 376 -- Rape with consent of promise to marry - Process continued for some time - Prosecutrix became pregnant - Accused did not fulfil his promise to marry and absconded from village - Promise to marry was a false promise - Had this promise not been given prosecutrix would not have permitted accused to have sexual intercourse - Consent..........
