Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Bank guarantee - Enforcement - Grant or refusal of injunction to restrain the enforcement of a bank guarantee or a letter of credit summarized as : (i) While dealing with an application for injunction in the course of commercial dealings, and when an unconditional bank guarantee or letter of credit..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Refusal - Refusal to accept has always been considered as good service...........
Identification of Prisoners Act, 1920, Section 5, 6 -- Magistrate can direct any person to allow his measurements or photographs to be taken - Measurements include finger impressions and foot-print impressions - In case of resistance or refusal to allow the taking of measurements or photographs then all necessary means to take the required measurements or photographs can..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice by hand delivery - Refusal - Presumption of service cannot be raised as the same is not effected in terms of the statute...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Filed within two days of refusal to receive notice - Complaint is premature...........
Criminal Procedure Code, 1973, Section 215, Indian Penal Code, 1860, Section 304B, 498A, 211 -- Dowry death - Demand of ornaments or torture for the refusal - No mention in charge - However, the same mentioned in FIR and in evidence of PW's - Held, no prejudice appears to have been caused to the accused on account of the omission of stating about the demand of ornaments..........
Registration Act, 1908, Section 71 -- Refusal to register sale deed regarding which dispute was pending in Court - Sub Registrar has no authority to refuse to register a document on the ground that the vendor has no title to the property in question and is not competent to execute the sale deed - Transferee gets the right, title and interest of the transferee, if its..........
Criminal Procedure Code, 1973, Section 314 -- Permission to file written submissions - Refusal for - Validity - Arguments are concluded by parties, proceedings and hearing of case is over and Court has only to announce judgment - Permission sought to file written submissions - Held, if after this stage written arguments are allowed to be placed on record, there is no..........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Summons - Refusal to accept - Does not amount to due service unless a copy of summons is affixed on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business...........
Specific Relief Act, 1963, Section 20, 23 -- Specific performance of agreement - Immovable property - Ordinarily should be granted -Denied only when equitable considerations point to its refusal and damages constitute on adequate relief - Specific performance is to be granted even if alternate relief of damages is claimed. M. L. Devender Singh's case AIR 1973 SC 2457..........
