Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A -- Quashing of FIR - Offence u/ss 406, 498A IPC - Since the dispute between parties have been amicably settled by respected persons and relatives in interest of harmonious relations between parties - FIR quashed...........
Punjab Town Improvement Trust Act, 1922, Section 79(2)(a) -- Acquisition of land - Service of notice - Held, service of notice on one of the co-owners, when more than one have interest in acquired land, would be sufficient service of notice on other co-owners...........
Constitution of India, 1950, Article 14 -- Guru Nanak Dev University Calender 1999 Part I, Statute 76(vii) - Absence from duty - Declaration of post vacant - Principles of natural justice - Held that action under Statute 76 has to be preceded by a reasonable opportunity of hearing to the affected employee, failing which it cannot stand to the test of 'reasonableness' and..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Insurance claim - Amount of Rs.2,00,000/- released in favour of the appellant on 05.11.2004 - This amount was received by the appellant on 01.03.2005 without reserving any right to claim interest on the delayed payment and it was accepted without any protest - By sending letter dated 02.04.2007 to the respondent..........
Civil Procedure Code, 1908, Section 92 -- Conditions required to be satisfied in order to apply S.92 of the Code are : (a) There is a trust created for public purpose of a charitable or generous nature; (b) There is a breach alleged of such trust, or the direction of the Court is necessary for the administration of such trust; (c) The suit must be a representative one on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Material alteration in the cheque - Exaggerated amount mentioned in the cheque does not tally with amount due by accused - Amount borrowed by accused is said to have been repaid by them in installments - Even on the cheque there is an endorsement that Rs.1 lakh has been..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, 13 -- Bar of alternative remedy of appeal - Neither owner nor her predecessor had secured property in question in favour of bank - Bank on the foot of agreement with two persons who had never acquired any title of property in question from lawful owner, in..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Appellate Court can interfere with findings and conclusions of trial Court only if the same are perverse or illegal - Merely because another view is possible from a reading of the facts and the evidence in the case would not mean that Appellate Court is entitled to interfere in exercise of its powers u/s 96 CPC more so..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- Insurance claim - Repudiation - Deficiency in service - Compensation - Interest -Inordinate delay of 5 years in repudiation cannot be called a reasonable period required for settling the claim - The claim of the petitioner registered with the OP on 11.07.2002 - Allowing the period of about 5 months even from the date..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- Revisional jurisdiction - Revision against the impugned order on behalf of respondents 1 and 2-OPs was dismissed on ground of limitation as well as on merits - Plea that since the revision petition against the same order was dismissed the order of Fora below stands confirmed hence revision by the..........
