Service -- Tenure post - Service candidates make the post of Director a tenure post and as such the question of superannuating or pre-maturely retiring the incumbent of the said post does not arise at all - Once a person is appointed to a tenure post his appointment to the said post begins when he joins it and comes to an end on the completion of tenure unless curtailed on..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68C -- Proviso - Property - Forfeiture - Money earned from drug trafficking invested in property - Central Govt. has power to forfeit the same whether purchased by the person in his own name or in the name of his..........
Negotiable Instruments Act, 1881, Section 138(b), General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Presumption as to - Notice was sent on correct address of respondent - It was also within time as per provision u/s 138 Proviso(b) and appellant in his statement has specifically stated that respondent got returned..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Execution - Auction - Notice - Has to be personally affected on the J.D. - Valuation of property is required to be done under O.21.R.66(2) Proviso - The estimate of the value of the property is a material fact to enable the purchaser to know its value - It must be stated accurately and fairly as possible so that the..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Proviso (a) - Sold - Meaning - Means a complete sale including the confirmation of the auction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of pleadings is permitted at any stage of the proceeding - O.6.R.18 Proviso CPC lays down certain restrictions - It lays down that after commencement of trial no application for amendment should be allowed - However if it is established that inspite of `due diligence' the party could not..........
Criminal Procedure Code, 1973, Section 203, 204(4), 398 -- Proviso to S.398 Cr.P.C. provides that the Court shall not make any direction for enquiry into the case of a person who has been discharged unless such person has been given an opportunity of being heard - This proviso is not applicable when complaint was dismissed u/s 203 or 204(4) Cr.P.C. - Revision dismissed...........
Stamp Act, 1899, Section 47A -- (as amended by A.P. Act 8 of 1998) - Stamp duty on sale deed - When there is undervaluation of the property in the opinion of Sub Registrar he can make reference to Collector for determining market value of property - Proviso to S.47-A requires the party concerned to deposit 50% of the deficient duty - Held, that the amendment is not..........
Stamp Act, 1899, Section 47A -- Proviso - Constitutionality - When registering authority makes a demand u/s 47-A the person concerned has to deposit 50% of the same - Merely because order of registering authority under proviso to S.47-A is arbitrary and illegal that does not mean that provision is unconstitutional - If there is exorbitant demand made by the registering..........
Criminal Procedure Code, 1973, Section 125(3) -- Proviso (1) - The first proviso would be satisfied if execution of the claim for such amount is made within one year from the date on which the amount became due i.e. the date of order...........
