East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction decree - Mesne profits - Unlawful occupant - Once a decree of eviction is passed, tenant becomes an unlawful occupant and therefore, any contract between parties also comes to an end - Consequently, lease deed or escalation clause herein would not be..........
Specific Relief Act, 1963, Section 20 -- Specific performance - Equitable relief - If a default clause in agreement of sale is formed it is almost in the nature of inhibition to grant equitable relief of specific performance...........
Arbitration and Conciliation Act, 1996, Section 8, Companies Act, 1956, Section 397, 398 -- Winding up - Arbitration clause - Not attracted to winding up proceedings...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Non-obstante clause in S.145(1) of Act is self explanatory and over-rules the requirement of examination of complainant on solemn affirmation u/s 200 Cr.P.C. - Cognizance of complaint, therefore, can be taken without complying the mandate of S.200 Cr.P.C...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - No prior enmity between parties - Only one assault made on head of deceased with Tabbal, a sharp cutting weapon, which shows that accused and co-accused intended to cause very injuries that they caused to deceased - Eye witnesses account and medical evidence supported prosecution case - Even if..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of Arbitrator - Arbitration clause in Engagement letter - Pleading that Respondent not naming an arbitrator inspite of request of petitioner not controverted - Held, in the absence of any counter from respondent, averments in petition must be taken to be correct at least for the purpose of deciding..........
Negotiable Instruments Act, 1881, Section 142A(as - - Dishonour of cheque - Territorial jurisdiction - Provisions of Cr.P.C, would have to give way to the provisions of instant enactment on account of no, obstante clause in S.142A (1) of Act...........
Constitution of India, 1950, Article 226 -- Writ petition - Maintainability - Challenging action of EDMC for recovery of monies due to the petitioner - Said action of EDMC is in accordance with clause in Government contracts in which EDMC has right to recover any amount found to have been overpaid to the contractor in audit, from the contractor by withholding the payments..........
Kerala Abkari Act, 1977, Section 55(a) -- Reduction of sentence - Offence u/s 55(a) of the Act - High Court reduced period of imprisonment from 5 years to 3 years after noticing that appellant has no criminal antecedents - Considering the said mitigating factor and that occurrence is of year 2000 and that appellant has suffered agony of criminal trial and pendency of..........
Representation of the Peoples Act, 1951, Section 80A(2) -- Election petition - To be tried by a single judge of the High Court leaving a discretion in the Chief Justice to decide whether in a given case, an election petition shall be heard by more than one Judge - Such a statutory discretion vested in the Chief Justice of the High Court cannot be curtailed by a rule as..........
