Essential Commodities Act, 1955, Section 6A -- Second Proviso - Confiscation of vehicle used for carriage of essential commodity - Since the confiscation is of vehicle as such fine is relatable to the market price of the vehicle at the date of seizure of the essential commodity sought to be carried by such vehicle - Held, fine in lieu of confiscation under second proviso..........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22, 22A -- Company - Dishonour of cheque - Pendency of proceeding under Section 22(1) of SICA alone is not sufficient to get absolved from the liability under S.138 of the NI Act...........
Specific Relief Act, 1963, Section 20 -- Hardship - Mere lapse of time and inadequate consideration are no grounds to exercise discretion u/s 20 because Section 20 is an exception to the rule of grant of relief of specific performance...........
Negotiable Instruments Act, 1881, Section 142, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Sick company - Dishonour of cheque - If commission of the offence under Section 138 of the NI Act was completed before the commencement of proceedings under Section 22(1) of SICA there is no hurdle in any of the provisions of SICA against the..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12, 21A -- Reallotment application after resumption order under Rule 12(3) - Authorities directed to consider reallotment application favourably and if no good reason to reject application see that applicant able to retain possession of land - Capital of Punjab (Development and Regulation) Act, Section 8-A...........
Transfer of Property Act, 1882, Section 111(e), 111(f) -- Agreement of sale between landlord and tenant - Old relationship of landlord and tenant comes to end - Even after cancellation of agreement of sale - Status of tenant is not restored as such - On the date of execution of agreement of sale - Status of parties as landlord and tenant changed into a new status of a..........
Civil Procedure Code, 1908, Section 92, Order 7, Rule 11 -- Leave of Court - Notice to defendant - As a rule of caution, Court should normally give notice to the defendants before granting leave to institute a suit under the said section but the Court is not bound to do so - If a suit is instituted on the basis of such leave, granted without notice to the defendants, the..........
Criminal Procedure Code, 1973, Section 202, 465 -- (a) Under Section 200 Magistrate has jurisdiction to take cognizance of an offence on the complaint after examining upon oath the complainant and the witnesses present; (b) When the complaint is made in writing by a public servant in discharge of his official duties, the Magistrate need not examine the complainant and the..........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - Supreme Court cannot under Article 142 convict an accused for an offence u/s 193 without following procedure prescribed u/s 195 r/w S.340 Cr.P.C. - Procedure prescribed under Section 195 r/w S.340 Cr.P.C. should be followed for prosecution of offence under S.193 IPC...........
Evidence Act, 1872, Section 154 -- Hostile witness - When a witness by his conduct, attitude, demeanour or unwillingness to give answer or to disclose the truth shows that he is hostile or friendly to the party calling him he can be declared a hostile witness - A distinction must be drawn between a true witness and a hostile witness - Giving unfavorable testimony cannot..........
