Lease -- Cancellation - Production of invalid solvency certificate at the time of bid - Collector is competent authority to cancel lease deed...........
Lease -- Cancellation - Production of invalid solvency certificate at the time of bid - Solvency certificate was issued in favour of respondent in his individual capacity, though property belongs to Trust - Plea taken by respondent is that it was issued by mistake - However, it appears that respondent deliberately and willfully obtained solvency certificate in his own..........
Criminal Procedure Code, 1973, Section 464 -- Omission/error in framing charge - Finding and sentence of Court cannot be invalid merely on the ground of error in framing charge or omission in framing charge - Finding and sentence will be invalid only if in opinion of Court of appeal, error or omission has occasioned failure of justice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - If cheque return memo is not bearing any official stamp of bank, it does not render the cheque return memo as invalid or illegal...........
Negotiable Instruments Act, 1881, Section 138, 146, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque return memo - Quashing of complaint - Plea that photocopy of cheque return memo filed and original not filed and secondly cheque return memo is without bank seal - Neither S.138 nor S.146 of NI Act prescribes any particular form of cheque return..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife in her evidence by way of affidavit stated that petitioner is not her husband - However, no evidence led by wife in support of her claim with respect to marriage between parties being invalid, nor she lead any evidence to prove reasonable excuse for her residing separately..........
Negotiable Instruments Act, 1881, Section 138, 118, 20 -- Dishonour of cheque - Writing on cheque - Name of payee written in different ink will not per se render cheque invalid in view of Ss.118 & 20 of the Act...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Demand of additional electricity consumption charges in view of audit objection - Suit for declaration that audit objection is invalid and consequential injunction restraining defendants from claiming additional electricity consumption charges - As there is no alternative remedy of filing statutory..........
Service -- Misconduct - Departmental proceedings and criminal proceedings - Acquittal in criminal Court by giving benefit of doubt, will not in any way render a completed disciplinary proceeding invalid nor affect validity of finding of guilt or consequential punishment, as standard of proof in both the proceedings are different...........
Income Tax Act, 1961, Section 147 -- Reopening of assessment - Quashing of notice issued u/ss.147, 148 - Income Declaration Scheme - High Court extending immunity under IDS to an assesse who was not declarant under the Scheme, is invalid - Therefore, quashing of notice for re-assessment, improper...........
