Indian Contract Act, 1872, Section 74 -- Breach of contract - Forfeiture of earnest money - Public auction - Stipulation as to security amount deposited by bidder is liable for forfeiture by State not mentioned in the advertisement - Even contingencies in which such right of forfeiture can be exercised by State not stipulated - State thus have no right to forfeit the..........
Indian Contract Act, 1872, Section 74 -- Public auction - Breach of contract - Non-compliance of four conditions by bidder - Four conditions not accepted by bidder were not the part of public notice, nor they ever communicated to bidders before auction proceedings - Since those four conditions were added unilaterally and communicated to bidder/appellant by respondent no.2..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegation of cheating and criminal breach of trust on the part of parents of appellant - As appellant is not party to the agreement or any transaction between the complainant and other accused, there is no reason as to why he should face criminal trial and that too for the offence u/ss 406, 420 IPC -..........
Indian Penal Code, 1860, Section 406, 409, 418, 420 -- Offence u/ss 406, 409, 418, 420 IPC - Business dealings with petitioner not denied by de-facto complainant - De facto complainant permitted accused to investigate their monies in stock market - Issue as to whether accused mismanaged in such investment or not is a triable issue which is subject matter of civil suit..........
Punjab Good Conduct Prisoners (Temporary Release) Rules, 1963, Rule 3(2) -- Parole - On account of marriage of son - Affidavit of Jail Superintendent, which is duly supported with report of SHO verifying marriage of son which is duly proved on record - Even, local police has no objection if petitioner is released on parole as there is no apprehension of breach of peace or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18 -- Recovery of 18.350 kgs poppy straw and 8.047 kgs opium milk - Recovery effected from room which opens in a different direction towards field of one person - Prosecution miserably failed to prove that accused was actually in conscious possession or was having dominion over room from where recovery..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 31 -- Protection order - Breach of - Non-payment of maintenance allowance is a breach of protection order - Proceedings u/s 31 of the Act, therefore can be invoked...........
Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2013 -- Regls.3, 4 - Unfair trade practice - To attract the rigor of Regls.3, 4 of Regulations, mens rea is not an indispensable requirement and the correct test is one of preponderance of probabilities - To invite penal consequences on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 480 gms heroine - Non-compliance of mandatory provision of S.42(2) of the Act - Secret information neither reduced into writing nor communicated to higher officers - There was thus, breach of S.42(2) of the Act - Trial vitiated - Accused acquitted...........
Service -- Misconduct - Acting beyond one's authority by itself is a breach of discipline and thus constitutes a misconduct rendering the delinquent to suffer the adverse orders...........
