Civil Procedure Code, 1908, Section 35B -- Costs - Non-payment - If party does not pay costs on adjourned day, only course available to Court is to disallow prosecution of case or defence as the case may be...........
Service -- Recovery of excess payment - After refixing of salary after retirement - Cannot be ordered from retired employee or from employee who is nearing his retirement...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 bags of poppy husk - Recovery effected from vehicle which was being driven by accused with other accused accompanying him - Presence of accused persons and possession of contraband material therefore, stood completely established - Order of conviction passed by trial Court held, restored -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Cheque dishonoured due to `insufficient funds' - Categorical admission that cheque given by accused when presented for payment was returned with endorsement `insufficient funds' - Complaint cannot be dismissed on the ground that complainant has not proved his source for advancing loan to the..........
Service -- Recovery of excess payment - After refixing of salary after retirement - Cannot be ordered from retired employee...........
Income Tax Act, 1961, Section 2(31) -- Liability to tax - `Supply' of goods by an unincorporated association or body of persons has to be to a member for cash, deferred payment or other valuable consideration...........
Civil Procedure Code, 1908, Section 35B -- Costs - Non-payment of costs on adjourned date - It is mandatory on part of Court to disallow further prosecution of suit or defence as the case may be...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - Once a tenant fails to comply with provisional rent as assessed by Rent Controller nothing remains to be done but an order of eviction has to follow - In case tenant is not happy with assessment of rent of provisional rent, he has a remedy of challenging the same but must..........
Companies Act, 1956, Section 433(e), 434 -- Winding up petition - Limitation - Trigger point for purpose of limitation for filing of a winding up petition u/s 433(e) of the Act would be date of default in payment of debt in any of three situations mentioned in S.434 of the Act - Contention rejected, that cause of action for purposes of limitation would include commercial..........
Companies Act, 1956, Section 434(1)(a) -- Winding up petition - Not a legitimate means of seeking to enforce payment of a debt which is bona fide disputed by Company...........
