Power of Attorney Act, 1882, Section 1A -- Scope of Authority - Power of attorney conferring authority on attorney to manage property of principal, to lease out, receive rent, file suit, engage counsel or to compromise - Followed by general authority to sell, mortgage, exchange, divide etc. - Attorney alienating land - Power of Attorney must be interpreted to be conferring..........
Punjab Village Common Lands (Regulation) Rules, 1964 -- Cancellation of Exchange - Principles of natural justice - Government granted sanction to exchange of land by Gram Panchayat with the land of petitioner to provide public passage - Exchange concluded - Mutation reflecting change of ownership sanctioned and possession exchanged - Financial Commissioner ordered..........
Constitution of India, 1950, Article 14,16 -- Kendriya Vidayalya Sangathan Appointment, Promotion, Seniority Rules, 1971, Rules, 4, 6, 7 and 9 - Regularisation - Ad hoc appointment - As stop gap arrangement on leave vacancies of Primary Teachers - Term of appointment not conferring any right upon them to claim regular appointment - Had such regular vacancies been created..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Bill of exchange or promissory note - Not duly stamped - Summary suit is not maintainable...........
Foreign Exchange Regulation Act, 1973, Section 37, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Exoneration in the adjudication proceedings is not a ground to nullify the order of detention...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Order could not be served as detenu evaded arrest - Ultimately proclamation issued - Where the delay is not only adequately explained but is found to be the result of recalcitrant and refractory conduct of the detenu in evading arrest, there is warrant..........
Constitution of India, 1950, Article 226 -- Interim order - Selection - Post of Foresters - Appointment given in view of interim order of Court - Request made to District Employment Exchange to sponsor names of candidates - Respondent by playing fraud got his name enlisted in the list of candidates in connivance with junior Assistant of District Employment Exchange -..........
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 -- Forfeiture of property - Order quashed by High Court which was upheld upto Apex Court - Representation made for return of property - Only Fixed Deposit Receipt returned and not immovable property - A writ petition was filed in which respondent No.4 raised a contention that the immovable..........
Foreign Exchange Regulation Act, 1973, Section 9(1), 9(1)(b), 9(1)(d) -- Violation of FERA - Penalty imposed - Order set aside as confession was made before Enforcement Officer while in custody and same retracted and a number of persons were examined by Enforcement Officer but no opportunity given to cross examine them and penalty could not be imposed on basis of retracted..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1), 11, Constitution of India, 1950, Article 22(5) -- Preventive detention - Representation - Not considered or considered belatedly - It renders further detention illegal - Initial order passed u/s 3(1) of the Act does not get vitiated - Order of detention passed u/s 3(1) of the..........
