Public servant -- Minister - Allotment of petrol pump - Minister acted in a wholly arbitrary and unjust manner and allotments made were mala fide and cannot be sustained - Public servant cannot arrogate to himself the power to act in a manner which is arbitrary - An action is maintainable against a public servant who by act of omission or commission is responsible for..........
Civil Procedure Code, 1908, Order 21, Rule 22(1) -- Execution proceedings against dead person are null and void - Auction sale - J.D. died even prior to issue of sale proclamation - Sale held against dead person without impleading L.R's and without issuing notice to them is null and void - It is immaterial whether J.D. died before or after sale proclamation...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Demand of payment within 11 days - Drawer had a right to make payment within 15 days - Drawer cannot take advantage of the complainant having restricted the period to 11 days...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Letter demanding payment - Letter requiring the accused to make payment is equivalent to legal notice...........
Land Acquisition Act, 1894, Section 4(1), 23(1) -- Determination under S.23(1) is market value prevailing on date of publication under S.4(1) but not what is claimed - Prior to amendment in the Act under S.22(1) the Court had no power to grant higher than what was claimed under notice in Ss.9 and 10...........
Land Acquisition Act, 1894, Section 5A -- If holder on record has already been given notice and he filed objections, the omission to give notice to person who subsequently became the owner of property would not vitiate the enquiry conducted under Section 5A of the Land Acquisition Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - How it matures into offence - Issue of cheque, its dishonour and omission to make payment of the amount despite notice matures into an offence on the sixteenth day after the service of notice and the offence would be continuing so long as the amount remains unpaid...........
Negotiable Instruments Act, 1881, Section 138 -- Repeated representation - It is permitted within six months or within the date of its validity whichever is earlier - Drawee can issue notice on any of the dishonour and on failure of the drawer to make payment can initiate prosecution...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Condonation of delay - Where Court had served notice, not on party but on his Advocate who was not appearing for party, party had no notice of proceedings and in such situation delay has to be condoned to prevent miscarriage of justice...........
Punjab Town Improvement Trust Act, 1922, Section 38 -- Scheme for providing passage to stadium from the main road - Service of notice - Notice of proposed acquisition sent to the Municipality - Reasonable belief, after due enquiry, contemplated u/s38(1)(i) would envisage persons who were reputed to be known as owners - Appellant purchased the land but m u union was not got..........
