Constitution of India, 1950, Article 226 -- Writ jurisdiction - Delay and latches - Seniority - Challenge as to - The delay is explained by the fact that the petitioner could take notice about the seniority position and seniority was affected only when the promotion to the post was treated as ad hoc when the respondent Nos. 3 and 4 were considered for promotion in the year..........
Limitation Act, 1963, Section 14 -- Exclusion of time in respect of proceedings pursued bonafide in Courts without jurisdiction - Held, provision applies to proceedings in civil courts without jurisdiction and not in respect of criminal proceedings...........
Criminal Procedure Code, 1973, Section 245 -- Discharge of accused - Accused even after having received 80% of consideration amount refused to execute the regular sale deed in favour of complainant - Dispute purely of civil nature - Magistrate assigned convincing reasons in support of his conclusion for acceptance of final report and thereby discharging accused - Before..........
Transfer of Property Act, 1882, Section 107 -- Decree for ejectment - Termination of tenancy - A lease from month to month or a lease other than a lease from year to year is terminable by fifteen days' notice - 15 days notice is a valid notice to quit - Contention regarding invalidity of the termination is fallacious - Mere acceptance of rent after the period of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Unclaimed' - Second notice served at the same address - Complaint cannot be quashed on the ground that there is presumption of service of first notice and complaint is not filed within time - There is no rule of universal application that in all cases..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned with endorsement 'addressee left' - In absence of proof that endorsement was mala fide, service of notice cannot be presumed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Jurisdiction - Courts where any of the five acts are done have jurisdiction to entertain complaint, viz. (a) Drawing of the cheque; (b) Presentation of the cheque to the bank; (c) Returning the cheque unpaid by the drawee bank; (d) Giving notice in writing to the drawer of the cheque demanding payment to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Jaipur - Cheque issued of a bank at Delhi - Cheque presented at Mumbai - Notice issued from Mumbai where registered office of the complainant company is situated - Complaint filed at Mumbai - Held, Court at Mumbai has jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Suit in representative capacity - Notice regarding - Notice was given to residents of village for 11th August - Case not taken on that date - It was taken on 12th August - Some residents of village sent applications through post which were not considered by Court - These applications were received on 21st August - Held, matter..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Original when in possession of a person not a party to the suit - For grant of permission to lead secondary evidence it is essential and necessary to secure the presence of that person by taking the summons from the Court and it is not sufficient to say that a notice was issued to the said person for production of..........
