Punjab Security of Land Tenures Act, 1953, Section 14A(1) -- Arrears of rent - Non-payment of - Ejectment - Validity - Ejectment of petitioner sought by Respondent No.5/landlord from demised land on ground of no, payment of arrears of rent w.e.f. Rabi 1993 - An opportunity was given by Assistant Collector 1st Grade to petitioner to deposit amount of disputed crops of land..........
Punjab Security of Land Tenures Act, 1953, Section 10A, Punjab Security of Land Tenures Rules, 1956, Rule 20C -- Ejectment - Tenant did not complete formalities required u/r 20-C - He did not also acquire status of re-settled allottee and could not Will away his tenancy rights - Held, tenant liable for ejectment - Petition allowed...........
National Security Act, 1980, Section 14(2) -- Revocation of earlier detention order - Subsequent detention order - Validity - Failure of detaining authority to take into account reasons of revocation of earlier detention order - Held, subjective satisfaction wrongly arrived at by detaining authority - Subsequent detention order quashed...........
National Security Act, 1980, Section 3(2), Constitution of India, 1950, Article 22(5) -- Preventive detention - Failure to supply bail order and relevant documents in vernacular version to detenu - Held, detenu deprived from making effective representation - Detention order vitiated and, hence, liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Inherent powers - Exercise of - Held, while exercising jurisdiction u/Art.226 of Constitution of India or u/s.482 Cr.P.C. High Court will not enter into disputed questions of facts to find out as to whether cheque was issued as security cheque or was not..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Earlier cheque as well as new cheque, both were blank, signed and undated - Instead of returning old cheque, complainant filled up the amount and date in cheque, deposited the same in bank, where the same was dishonoured - Both the..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19(9), Companies Act, 1956, Section 529(1)(c) - - Execution of recovery certificate - Sale of assets of debtor-company - Procedure for - Held, relevant date for arriving at ratio at which sale proceeds are to be distributed amongst workmen and secured creditors of company is date of winding up..........
Criminal Procedure Code, 1973, Section 451, 482 -- Release of vehicle - Held, vehicles should not be kept in police station for long and it should be given on sapurdari by taking adequate security...........
Border Security Force Act, 1968, Section 2(1)(a) -- Active service - Use of word `Includes' - Held, use of expression `includes' enlarges meaning of word `active duty' and, therefore, it shall not only mean duty specified in section but those duty also as declared by Central Government in Official Gazette...........
Border Security Force Act, 1968, Section 80, 141, Border Security Force Rules, 1969, Rule 41 -- Offence by member of force - Choice between trial by Security Force Court or criminal Court - Held, discretion has been given to Specified Officer of Force to exercise choice - Discretion has to be exercised in accordance with guidelines laid down in R.41 - R.41 laying down..........
