Civil Procedure Code, 1908, Section 34 -- Interest - Entitlement for - Appellant took "Housing Loan" from respondent Housing Board by pledging his LIC policy as additional security - Appellant discharged his entire liability regarding said loan in year 1997 - Respondent housing board returned policy in year 2004 due to which plaintiff could not avail benefit of maturity..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint alleged to have lent Rs.10,00,000/- to accused - Accused stated that she had obtained loan from Bank and given cheque as security - Trial court found that cheque was not drawn and issued by accused in discharge of any liability of complainant - Trial court relied upon lack of financial..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 243 -- Dishonour of Cheque - Sending cheque to document expert - There were no material alterations in the form of eraser or over writings or corrections - Plea of accused was that a blank cheque was given as security - Held, question as to whether any authority was given to the..........
Civil Procedure Code, 1908, Order 39, Rule 2(2)(g) -- (U.P.Amendment), State Financial Corporations Act, 1951, S.29 - Recovery of dues as arrears of land revenue - Injunction to stay proceedings for recovery - Injunction order passed U.O.39.Rr.1, 2 CPC putting stay on proceedings for recovery - However, security not furnished - Injunction order set aside - Held, under..........
Civil Procedure Code, 1908, Order 39, Rule 2(g)(U.P.State - - Injunction - Interpretation of word "shall" used in R.2(g) - Scope of - Held, no injunction shall be granted to stay the proceedings for recovery of any dues recoverable as land revenue unless adequate security is furnished...........
Criminal Procedure Code, 1973, Section 207 -- Supply of copies of document - Accused allegedly committed offence u/s 3 of Official Secrets Act, when copies of certain official notings and documents relating to classified information regarding defense of nation recovered - Accused sought copies of these documents u/s 207 of the Code - Vide impugned order, state chose not to..........
Agreement to sell -- Suit for specific performance - Plea of hardship - Plea that sale of disputed shop will cause hardship as it was the only shop owned by him - Agreement to sell was genuine transaction with intention to sell the disputed property and it was not entered into as collateral transaction or security for loan amount - It cannot be said that specific..........
Constitution of India, 1950, Article 21 -- Release of passport - Petitioner a 19 years old student, studying in USA - Passport of petitioner took into possession by police as she was involved in a criminal case indictable u/ss 279 and 304-A IPC - Petitioner is resident of USA and is Green Card Holder - Petitioner seeking release of passport on the ground that under rules..........
Punjab Privately Managed Recognized Schools Employees (Security of Service) Act, 1979, Section 4 -- Probationer teacher - Termination of service on account of non satisfactory performance - Prior approval of Director for termination of a probationer not obtained which is mandatory - Termination order quashed - Reinstatement ordered but without arrears of salary in view of..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Recovery of rent - Where tenant is able to prove that he had sufficient cause for not paying rent for any period, he can get rid of the consequence of ejectment provided in S.9(1)(ii) of the Act...........
