Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted on untenable grounds - Not sufficient to cancel bail - Cogent reasons such as interference or attempt to interfere with the due course of administration of justice or the concession of bail abused in any manner or accused is likely to abscond or that he will tamper with the witness, not..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Non appearance of counsel at the time of hearing - A party should not suffer for the reason that his counsel has defaulted and moreso when the party is prosecuting the litigation since 1982 diligently and there was no lapse on his part till dismissal for non prosecution - Petition restored..........
Civil Procedure Code, 1908, Section 11 -- Rent receipts produced in eviction petition - Failure to prove rent receipts - Civil suit for recovery of rent paid in excess - Held, even if the plaintiff has not produced any evidence to prove the receipts before Rent Controller, such receipts can be examined by Civil Court independent of the findings recorded by the Rent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Service of notice - Though a registered notice as contemplated u/s.138 of N.I. Act was issued same was not served upon petitioner and returned with an endorsement that he was absent for 6 to 7 days - It is also not case of complainant that petitioner is intentionally avoiding to..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Demand notice issued u/s 13(2) of the Act and possession notice issued u/s 13(4) of the Act - Against possession notice petitioners have the remedy of appeal before the Debts Recovery Tribunal u/s 17 of the Act - Petition under Art.226 Constitution of..........
Criminal Procedure Code, 1973, Section 243, Indian Penal Code, 1860, Section 380, 411 -- Theft in dwelling house and recovery of stolen property - Accused prayed for comparison by an expert of three signatures available in the record of RTO - Question of selling and purchasing of alleged stolen motorcycle by accused - Matter not with purview and jurisdiction of Criminal..........
Pension Regulations for the Army, 1961, Regulation 173 -- Disability pension - Invalidation of the petitioner after 17 years and 161 days of service due to disease Hypertension with Angina Decubitus - Disability assessed by the Invalidating Medical Board at 30% - At the time of recruitment the petitioner was found medically fit and he had no such disease - Petitioner held..........
Punjab State Election Commission Act, 1994, Section 76 -- Gram Panchayat - Election of a member - Limitation to file election petition is 45 days - There is no provision for condonation of delay - Writ petition allowed to be withdrawn as it is election petition and not writ petition which is maintainable - Allowing withdrawal of writ petition with a liberty to file..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Bonafide requirement - Rent of premises Rs.2640/- p.m. - During pendency of eviction petition government issued notification exempting buildings fetching monthly rent exceeding Rs.1500/- from the provisions of Rent Act - Landlord withdrew the eviction petition - Notification quashed -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Bonafide requirement - Rent of premises Rs.2640/- p.m. - During pendency of eviction petition government issued notification exempting buildings fetching monthly rent exceeding Rs.1500/- from the provisions of Rent Act - Landlord withdrew the eviction petition - Notification quashed -..........
