Negotiable Instruments Act, 1881, Section 138 -- Notice - Seven days notice given demanding payment but complaint filed after expiry of 15 days - No ground to quash the complaint - Notice is valid...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer pendente lite - Doctrine of lis pendens does apply to auction sales' held by the Executing Court of any immovable property of J.D. which was subject of dispute in a pending suit or decree pending execution - For applicability of the doctrine, decree pending execution at time of auction sale must be valid..........
Rent and Eviction -- Respondent purchased property - Notice through Advocate to appellant to pay arrears of rent - Cheque sent in the name of Advocate - Refused - Fresh cheque of entire amount of rent sent in the name of respondent/landlord - Respondent refused to accept it - Amount then tendered by money-order was also refused - Held, appellant cannot be said to be..........
Criminal Procedure Code, 1973, Section 203, 210, 398, 401 -- Complaint under Sections 148/149/452/323/325/307/506 IPC - Complaint - Dismissed by Ld.Judicial Magistrate - Additional Session Judge without giving notice to the accused allowed revision - Plea of the petitioner that revision petition could not have allowed without giving notice to him - Held that the accused..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Notice of mutation proceedings to co-sharers in the joint Khata-Necessary-Sale by a co-sharer of specific Khasra numbers in his exclusive possession within limits of his share in joint Khata-Notice should be given to all other co-sharers in the joint Khata so that question of exclusive possession or otherwise may be..........
Agreement to sell -- Limitation - Vendor under agreement filing suit for possession of property under agreement - Amounts to denial of existence of agreement by vendor - Cause of action for suit for specific performance starts from date of vendors suit for possession - Notice issued by plaintiff purchaser after vendor's suit was decreed - Does not stop limitation from..........
Civil Procedure Code, 1908, Order 13, Rule 2, Civil Procedure Code, 1908, Order 18, Rule 17 -- A - Documents in custody of a witness, thirty party - Order 13 Rule 2 is not applicable - Proper course is to issue notice to the witness to produce those documents and to recall him with permission of Court for proving them - Held, valuable evidence should not be shut out merely..........
Constitution of India, 1950, Article 226 -- Public Interest Litigation/Social Action Litigation - Locus standi - Challenge to discretionary quota allotment of plots - Respondents neither alleged mala fides against petitioner nor pleaded that petitioner tried to settle personal scores or tried to take personal advantage by filing the petition-Petitioner espoused cause of..........
Constitution of India, 1950, Article 226 -- Plea that allotments made three years prior to issuance of notice by Court should not be disturbed in view of limitation prescribed under Article 113-Not tenable-Limitation Act, Article 113...........
Constitution of India, 1950, Article 226227 -- Criminal Procedure Code, 1973 Section 482 - Remission - Benefit of remission in sentence refused on the ground that the petitioner surrendered himself before the Court late by one month and six days - Held that since no notice was issued to the petitioner and he himself surrendered in the Court and was sent to jail, as such,..........
