Negotiable Instruments Act, 1881, Section 138, 142(a) -- Dishonour of cheque - Company - Complaint by one of its Directors - Complaint filed by Director without authorisation from Board of Directors - Held, on such a complaint no process can be issued much less a conviction imposed...........
Contempt of Courts Act, 1971, Section 10 -- Contempt of Court - To constitute the offence of Contempt of Court, there must be involved some act calculated to bring a Court or a Judge of the Court into contempt or to lower his authority or something calculated to obstruct or interfere with the due course of justice on the lawful process of the Court...........
Punjab Land Revenue Act, 1887, Section 20 -- Notice of partition - Report of process server that respondent refused to accept service - Proceeded exparte - Application for setting aside exparte proceedings - Summons issued on the same date on which partition application filed - Report of refusal submitted on next date - Refusal not shown at permanent address or village,..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - `Giving notice' is not the same as `receipt of notice' - Giving is a process of which receipt is the accomplishment - It is for the payee to perform the former process by sending the notice to the drawer at the correct address - Once notice is dispatched his part is over and the next depends on what the sendee does...........
Selection -- DPC - Judicial review - The DPC is required to make an overall assessment of the performance of each candidate separately, but by adopting the same standard, yardsticks and norms - It is only when the process of assessment is vitiated either on the grounds of bias, mala fide or arbitrariness the selection calls for interference - Where the DPC has proceeded in..........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Writ petition challenging notifications for acquisition of land - Two earlier writ petitions filed challenging same acquisition proceedings and notifications - Both previsous writs dismissed with costs - Third writ petition against same acquisition not maintainable - An abuse of..........
U.P. Basic Education (Teachers) Service Rules, 1981 -- Special BTC Training Course - Policy decision dated 14.1.2004 of State of U.P. - Plea that merit list for undergoing training course required to be prepared in accordance with sub-rules (3) to (6) of Rule 14 of the Rules repelled - Held that submission misconceived - Rules of 1981 deal with the post training scenario -..........
Will -- Suspicious circumstances - Will registered - Testator had gone to get the Will scribed at 4.30 p.m. - Will first hand written then it was typed and again it was brought back to the deed writer who read over the same to testator - Testator and witnesses thereafter signed the Will - The entire process must have taken about two hours - How the Will could be registered..........
Will -- Suspicious circumstances - Will registered - Testator had gone to get the Will scribed at 4.30 p.m. - Will first hand written then it was typed and again it was brought back to the deed writer who read over the same to testator - Testator and witnesses thereafter signed the Will - The entire process must have taken about two hours - How the Will could be registered..........
Transfer of Property Act, 1882, Section 62, 83 -- Usufructuray mortgage - Rights of mortgagor - A Usufructuary mortgagor may file a suit for redemption or may take recourse to the summary process of deposit and notice u/s 83 of Transfer of Property Act...........
