Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - Notice sent not to present cheques for encashment - Inspite of it cheques presented for collection - Cheques returned as instructions were given to bank to `stop payment' - Amounts to dishonour of cheque within meaning of Section 138 of the Act...........
Constitution of India, 1950, Article 226 -- Promissory estoppel - Essential requirement - A public authority, who is empowered to do so, must have made some promise to a person inducing him to act in a particular manner and that person must have acted on that promise for putting himself in a particular situation - In that event, the public authority is estopped from taking..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Gross delay - Application under Section 42 not to be entertained - Supreme Court decision in Gram Panchayat Kakran's case 1997 (2) PLJ 375 Followed - Petition under Section 42 filed in 1996 when consolidation proceedings completed in 1959 - No reason whatsoever given by Additional..........
Specific Relief Act, Section 16(c) -- Readiness and willingness - Section 16(c) does not require any specific phraseology - Plaintiff must aver that he has performed or has always been and is willing to perform his part of contract - Compliance of 'readiness and willingness' - Has to be in spirit and substance and not in letter and form - Insistence on a mechanical..........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Public servant cannot escape from the tentacles of S.13(1)(e) of the Act by showing other legally forbidden sources, albeit such sources are outside the purview of clauses (a) to (d) of the sub-section...........
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 91 -- Suit for injunction restraining defendant from obstructing the use of public street by the plaintiff - It is a suit for enforcement of his individual right, not to remedy a wrong affecting the public as envisaged u/s 91 CPC - Suit for perpetual injunction u/s 38 of Specific Relief Act is not..........
Specific Relief Act, 1963, Section 20, Registration Act, 1908, Section 77 -- Sale deed executed but not registered - Suit for specific performance seeking direction to register sale deed and for injunction or possession of immovable property - Dismissal of suit on ground that plaintiff had to avail remedy u/s 77 of Registration Act - Not sustainable - Section 77 of..........
Registration Act, 1908, Section 77 -- Sale deed executed but not registered - Suit for registration of sale deed - Section 77 would apply only if a matter is pertaining to registration of a document and not for a comprehensive suit where relief of permanent injunction or possession of property is also sought for - In such a case relief of specific performance under..........
Specific Relief Act, Section 38, 39, 3, 10, 14, 16 -- Provisions of Specific Relief Act and Registration Act may to a certain extent cover the same field but one will not supersede the other - Suit for specific performance is of a wider amplitude and is primarily for enforcement of a contract and other consequential or further relief - Comprehensive suit where relief..........
Registration Act, Section 77 -- Stage indicated in Section 77 reached and no other relief except a direction for registration of document asked for - Exclusive remedy under Section 77 - In other cases Section 77 has no application - Party seeking not merely registration of a sale deed but also recovery of possession and mesne profits or damages - Section 77 not applicable..........
