National Security Act, 1980, Section 3(2) -- Detention order - Legality - Delay in forwarding the representation of the detenu - Under Article 22(5) of the Constitution, detenu has a right to be afforded the reasonable opportunity in making the representation against the detention - Delay of 7 days in forwarding the representation - Delay not explained - Held, it vitiates..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque issued towards repayment of loan - Notice was issued which was not replied - Accused took a wrong plea that he had not received the notice - Plea that cheques were issued only as a security not proved - No reason to interfere with the order u/s 482..........
Stamp Act, 1899, Section 47A -- Purchase of property in public auction conducted by Bank under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Refusal to register sale deed - Proceedings u/s 47-A of the Act initiated - Held, for exercise of powers u/s 47-A of the Act wilful under valuation of property..........
Electricity Bill -- Raising of demand of 1 - 1/2 time of scheduled rate for the months of July, 2000 to November, 2009 for extended load from 5.9 to 74.890 KW - Respondent duty bound under law to deposit the security amount and also to pay the amount for consumption of electricity - Admittedly the respondent had approached the authorities for extending the load originally..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and summoning order sought on the ground that cheque was given by way of security and not towards discharge of any debt or liability - There is specific allegation in the complaint that cheque was given in discharge of liability - Held, petitioners supposed to appear before the..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3), 26, Punjab Security of Land Tenures Act, 1953, Section 5 -- Allotment of surplus area - Land of big landowner declared surplus under Act of 1953 on 05-01-1960 - Mutation sanctioned in favour of State of Haryana - Said land came to be vested in the state after commencement of Act of 1972, u/s 12(3) of the said Act..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d), 6 -- Parole - Refusal - Parole can be refused only on the ground that the same is likely to endanger the security of the State or the maintenance of the public order - Refusal, in the instant case, not based on any material whatsoever - Refusal not based on any material, held, not in accordance..........
National Security Act, 1980, Section 3 -- Preventive Detention Order - Subjective satisfaction of the Detaining Authority and the prognosis made by him on relevant materials is beyond challenge under Article 226 of the Constitution...........
National Security Act, 1980, Section 3 -- Preventive Detention Order - Representation - There is no hard and fast rule requiring the State Government to send parawise comments on the representation, but that is the practice followed by the Central Government in dealing with a representation made by a detenue containing serious allegations...........
Limitation Act, 1963, Article 22,28 -- Suit for recovery of money - Plaintiff obtained shop on lease from defendant against security deposit which was to be refunded at time of vacating premises - Lease deed captioned as `rent bond' - Held, document executed, did not come into existence on account of any loan transaction - Art.28 of Limitation Act not attracted -..........
