Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - There is signature of respondent as proprietor and it reveals that cheque was dated 10.12.2005 and number `5' has been corrected by altering it as `6' - There is a signature below correction - There is material difference between signature below correction and signature on..........
Punjab Town Improvement Trust Act, 1922, Section 43 -- Alteration of scheme after sanction - Challenge to - Delay & latches - Proposal for change of land use in respect of land in question was first of all mooted in year 2004 - Thereafter, various occasions were available with petitioner society to challenge action of respondents - However, no proceedings were initiated -..........
Punjab Town Improvement Trust Act, 1922, Section 43 -- Town improvement - Held, it is within competence of Trust to make any alteration of scheme after sanction with prior approval of State Government...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document admitted in evidence and marked exhibit - Permission was granted to take away the document to produce the same before another Court - However, document was produced before Sub Registrar and thereby made payment of deficit stamp duty - Court found remarkable changes in document - Application to take back the document..........
Transfer of Property Act, 1882, Section 108(p) -- Permanent structure - Removal of roof and replacement thereof by concrete slab - Held, concrete slab is permanent feature of demised premises and could not be easily removed without doing extensive damage to remaining structure - Alteration made by tenant fell within mischief of S.108(p) of the Act - Eviction decree passed..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Accused convicted for offence u/ss 294, 324 and 506-B IPC - Extension of time in depositing fine - Jail sentence awarded to petitioner was reduced to period already undergone by him and fine amount was enhanced - Petitioner was granted 2 months time for depositing fine amount - There is no clerical or..........
Indian Penal Code, 1860, Section 342, Criminal Procedure Code, 1973, Section 428 -- Wrongful confinement - Conviction - Alteration in sentence - No previous conviction proved against accused person - Further, accused was aged about 42 years at relevant point of time - Present case is of term imprisonment - There is no document or evidence that he ever misused privilege of..........
Haryana Municipalities Act, 1973, Section 205(2) -- Compounding of addition/alteration in flat - Municipal Committee referred dispute to Housing Board for decision thereon - Validity - Held, Housing Board would be better judge to determine whether addition/alteration which has been carried out in unit would be permissible or will satisfy technical requirement from safety..........
Material alterations -- Effect - Material alteration is one which varies the rights, liabilities or legal position of the parties as ascertained by the deed in its original state or otherwise varies the legal effect of the instrument as originally expressed or reduces to certainty some provision which was originally unascertained and as such void or which may otherwise..........
Criminal Procedure Code, 1973, Section 216, 385(2), 386 -- Alteration/addition of charge(s) - Appellate Court has power to alter/add charges u/s 385(2) & 386 CrPC...........