Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Without issuing notice to defendants/petitioners - Partition suit - Commissioner appointed to take measurements of suit property in terms of preliminary decree - While taking mere measurements of property which is to be partitioned, irrespective of presence of any of party, measurements..........
Service -- Termination - Employee cannot be held guilty of a different charge in respect of which he is not put to show cause notice - Finding of guilt which is at variance with original charge, without proper opportunity to respond offends due process and renders any order or action unsustainable...........
Criminal Procedure Code, 1973, Section 304 -- Free Legal aid to accused - Court had not put petitioner on notice regarding his right to be defended by a pleader assigned by State on the date on which petitioner's earlier Counsel relinquished his Vakalath - Even it is for accused to decide whether he wants to conduct the case himself or through a lawyer assigned by Court,..........
Stamp Act, 1899, Section 33, 38, 40, 42, 48, Registration Rules, Rule 107 -- Deficient stamp duty - Any document/instrument presented for registration must be scrutinized at the first instance regarding correctness of stamp duty paid - Once Registering Authority found insufficient stamp duty has been paid, he is duty bound to impound the document and send it in original to..........
Tender -- Court - cannot sit over judgment on what should be the eligibility criteria in the tender notice unless the same is arbitrary, discriminatory or actuated by mala fides...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction directing appellant to deliver vacant possession - Suit for mandatory injunction arising from landlord tenant relationship between parties - Relationship was lawfully terminated by service of notice u/s 106 of T.P. Act - Tenant is obligated to deliver possession to lessor upon termination of tenancy in terms of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Each and every complaint u/s 138 of the Act shall contain a synopsis in the given format which shall be filed immediately after the index (at the top of the file) i.e. prior to the formal complaint, under the following heads - (a) Particulars of parties; (b) Cheque details; (c) Dishonour;..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure of accused to reply to statutory notice u/s 138 of the Act leads to an inference that there is merit in complainant's version...........
Electricity Act, 2003, Section 135, Legal Services Authorities Act, 1987, Section 22 -- Theft of electricity - Jurisdiction of Permanent Lok Adalat - Permanent Lok Adalat cannot interfere in a matter where petitioner/Punjab State Power Corporation has issued notice u/s 135 of Electricity Act alleging theft of electricity...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint sought before cross examination of complainant - Correction of cheque number - Admittedly, last digit of cheque number is wrongly typed in notice as well as in complaint - Though notice was received by respondent, but he did not reply to it - Typographical error of cheque number..........
