Civil Procedure Code, 1908, Section 115, Order 21, Rule 90 -- Revision petition - Application for setting aside of sale - If the amount has already been deposited as per order in case of recovery of amount - High Court shall not interfere in revision petition for setting aside sale...........
Central Civil Service (CCA) Rules, 1985, Rule 11, 16 -- Recovery from salary - During the course of employment as Driver the vehicle driven by petitioner met with an accident - In claim petition before MACT an Award passed for a sum of Rs. 13,39,268/ - - On the basis of Award letter written by Secretary (Health) Government of H.P. requested respondent No. 2 to make..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Custom officials seized jeep carrying three persons including accused - On examination team spotted cavity, which was disengaged and led to recovery of 108 Kg. Ganja - Seizure list prepared in presence of independent witnesses and it also bore signatures of accused which he admitted in his statement u/s..........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Suit for injunction - Dismissed - No bar to file a suit for recovery of possession unless the question of title was raised for consideration and after trial a finding was arrived at by the Court in the earlier suit that plaintiff had no title to the property - If the earlier suit was dismissed on the ground of the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 51, Wild Life (Protection) Act, 1972, Section 49, 49B -- Bail - Offence u/ss 120-B, 51 IPC read with Ss.49, 49-B of Wild Life (Protection) Act - Accused arrested at the time of recovery but the bag wherefrom five skins of Wild Animals were recovered was in possession of co-accused -..........
Indian Penal Code, 1860, Section 302, 307, 452, 34 -- Murder - Appeal against conviction - Eye-witness, mother of deceased to incident is important eye-witness as she herself is injured by fire shot of accused when trying to cover deceased - Testimony of eye-witness is duly corroborated by statement of informant and also supported by medical evidence - Presence of all..........
Civil Procedure Code, 1908, Section 20 -- Civil suit for recovery based on cheques - Jurisdiction - Question of jurisdiction has to be decided as per S.20 of the Code and not as per the provisions of Negotiable Instruments Act...........
Civil Procedure Code, 1908, Section 20 -- Civil suit for recovery based on cheques - Jurisdiction - Contract for supply of goods - Order was received by plaintiff at Ludhiana where he manufactures goods and goods were to be supplied from there - Payments from time to time were also received by plaintiff at Ludhiana - Impugned cheques also given as part payment of the price..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(1) -Second Proviso and 17 - Appeal against order of Debts Recovery Tribunal - Requirement of pre deposit as stipulated u/s 18 (1) of the Act - Appellate Tribunal had exempted appellant from making any deposit in terms of second Proviso to S.18 of the Act before..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(1) -Second Proviso and 17 - Appeal against order of Debts Recovery Tribunal - Pre condition of deposit as envisaged under 2nd proviso to S.18(1)A of the Act - Held, condition of pre deposit being mandatory, complete waiver of deposit by appellate Tribunal not..........
