Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Offence u/ss 420, 120-B IPC and Ss.13(2), 13(1)(d) of P.C. Act - Quashing of look-out-notice - Petitioner was retained/detained and off loaded and was not allowed to travel out of India on basis of look-out-notice - He needs to travel UAE and Saudi Arabia for..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Hand loan - Alteration of year of promissory note in legal notice - Merely because there is an alteration in the year of Promissory note in legal notice, by itself cannot be concluded that there was no such loan transaction - Wrong mentioning of year in legal notice was purely due to typographical error and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 61, 62, 63 -- Confiscation of vehicle - No notice served upon appellant before confiscation of vehicle as per Ss.60 to 63 of the Act - Impugned order of confiscation of vehicle suffers from illegality and infirmity and thus, set aside - Matter remitted...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) - - Demand notice - Bona fide deposit - Refund of - Loan transaction - Deposit of Rs.40 crores in terms of order of High Court was only to show bona fides of appellants when a revised offer was made by them - Said deposit was not towards satisfaction of debt..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time for depositing balance sale consideration - DH was pursuing litigation in a bona fide manner - As JD refused to accept amount, execution of decree was filed during currency of period of 30 days within which DH was to deposit balance sale consideration - If JDs were ready to accept..........
Land Acquisition Act, 1894, Section 17(4), 4, 6 -- Acquisition of land - Non-compliance of S.17(4) of the Act - Compensation - 80% of estimated amount of compensation is paid to tenure holders/land owners - It cannot be said that there is no, compliance of S.17(4) of the Act - Land owners/tenure holders served with the notice to withdraw and/or to take 80% of estimated..........
Income Tax Act, 1961, Section 143(2), 292BB -- Notice u/s 143(2) of the Act - If assesses participated in proceedings, notice would be deemed to be valid, even if there be infractions assailed in S.292-BB of the Act - For S.292-BB of the Act to apply notice must have emanated from department - It is only infirmities in the manner of service of notice that section seeks to..........
Income Tax Act, 1961, Section 143(2), 292BB -- Notice u/s 143(2) of the Act - No notice u/s 143(2) of the Act ever issued by Department - Entire proceedings would be invalid...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Intention not to make payment when communicated before expiry of 15 days from the date of receipt of notice then not to file complaint before expiry of 15 days becomes redundant...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Condonation of delay - At the stage of taking cognizance, it is not necessary for Court to issue notice to accused and hear accused before condoning delay in filing complaint...........
