Civil Procedure Code, 1908, Order 37, Rule 3 -- Eviction - Recovery of rent - Applicability of O.37 CPC - Held, O.37 applies where suit is upon bills of exchange, hundies, promissory notes or where plaintiff seeks to recover a debt or liquidated demand in money, with or without interest on account of a written contract, or on an enactment or on a guarantee - Claim of..........
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, Section 4, 7 -..........
Indian Penal Code, 1860, Section 302,304 -- Part I -- Murder - Culpable homicide not amounting to murder - Proof - No previous enmity between appellant and deceased - Incident took place without premeditation - Time gap between heated exchange of words and second incident of stabbing is only of 2-3 minutes - Held, clearly indicates that it was a sudden fight and there was..........
Haryana Municipal Services (Integration, Recruitment and Conditions of Service) Rules, 1982, Rule 9(3) -- Appointment - Termination - Appointment of the petitioners made to the post of peon on regular vacancies through Employment Exchange in terms 1982 Rules by the competent authority - The appointment letter stipulated that appointment is for a period of six months or..........
Constitution of India, 1950, Article 14 -- Invitation of tenders for award of Contracts - Tender condition required bidder to quote firm and fixed price for entire duration of contract and which would not be subject to escalation - Petitioner submitted bid indicating that it intended to avail Exchange Rate Variation benefit, without specifying which foreign currency was..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - A suit can be filed U.O.37 only if it falls within the ambit of sub rule (2) of rule 1 - These are suits based on documents such as bills of exchange, hundies, promissory notes, written contracts, enactments or guarantee deeds...........
Punjab Village Common Lands (Regulation) Rules, 1964, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Director passed order allowing exchange of land of landowner with that of land belonging to Panchayat - Sarpanch and Panch gave consent in favour of exchange - Landowner is niece of officer who was serving as Director..........
Foreign Exchange Management Act, 1999, Section 9, 49, Foreign Exchange Regulation Act, 1973, Section 52, General Clauses Act, 1897, Section 6 -- Appeal - Limitation - Dismissal of appeal filed u/s.19(1) of FEMA by Tribunal, by applying first proviso to S.52(2) of FERA by holding that it had no power to condone delay - In instant case cause of action arose when FERA was in..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Post Office Act, 1898, Section 6 -- Postal services - Speed post - Demand draft for 1600 pounds - Non - delivery - Appellants failed to provide any information regarding the status of the delivery - It was logical for the District Forum to infer that some official of the postal department had done so willfully -..........
Customs Act, 1962, Section 108, 135, 13(2), 18(1), Foreign Exchange Regulation Act, 1973, Section 67 -- Recovery of foreign currency from a room in the house of accused - Confession of accused made u/s 108 of Customs Act that money was the sale proceeds of gold bars of foreign origin smuggled by him, retracted after a short date - If statement u/s 108 of the Act of 1962..........
