General Clauses Act, 1897, Section 21, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3, 11 -- Preventive detention - Representations - Power of consideration by appropriate Government or detaining authority would always be qualitatively different and must be completely independent of any action by Advisory Board - Detaining..........
Constitution of India, 1950, Article 22(5), General Clauses Act, 1897, Section 21, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3, 11 -- Preventive detention - Delay of 47 days in considering representation on ground that report of Central Advisory Board is awaited - Not justified - Complete inaction on part of Detaining..........
U.P.Zamindari Abolition and Land Reforms Act, 1951, Section 157B, 166 -- Transfer of land - Restrictions on members of Scheduled Tribes - `M' entered into an exchange of land with respondents - However, factum of `M' being a member of Scheduled Tribe is not disclosed in exchange deed - S.157-B of the Act stated that a bhumidhar or asami belonging to ST cannot transfer his..........
Court Fees Act, 1870, Section 7(v)(e) -- Court fee - Suit for declaration that registered exchange deed be declared illegal, null and void and result of fraud and also seeking possession of one of the suit properties - Court fee ad valorem on the market value is payable on the property of which possession is sought - As no market value is stated in the plaint as such Court..........
Transfer of Property Act, 1882, Section 118 -- Exchange of land - Exchange by a statutory body like Gram Panchayat needs to be brought about by a legally enforceable and valid resolution which is to be approved by Competent Authority under Government of Haryana - Since alleged exchange deed was never got duly sanctioned by competent authority, therefore, no legitimacy can..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant and two accused were shareholders of one company - Complainant wanted to exist from company and offered to sell his shares to accused - MOU executed between parties - Complainant received the amounts only if he surrender share certificates with duly..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 5 -- Exchange of land - Low valuation - There is nothing on record to establish that order of exchange passed by authorities suffers from any material illegality as it is based on appreciation of record submitted by authorities and has been passed after following due procedure prescribed by law as well as R.5 of..........
Service -- Appointment - Validity - Appointment of appellant made by selection Committee constituted under statutory Rules after calling names from employment exchange - More so, no proceedings were initiated either by any candidate or by appointing authority questioning appointment to appellant - Appointment of appellant thus, cannot be said to have been made in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape of married woman - Debatable question arises in the case as to whether it is a case of forcible sexual intercourse or consensual physical relations - Alleged call details simply suggest that there was exchange of calls between two telephones but whatsapp..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Person can be detained under the Act, even if he is in judicial custody...........
