Uttar Pradesh Trade Tax Act, 1948, Section 21 -- Assessment of tax on turnover not assessed during the year - Period of limitation - Assessment year in question is 1990-91 - Issuance of notice of reassessment in 2002 - For purpose of limitation u/s.21(1) and 1st proviso of the Act, period of limitation is counted from end of relevant assessment year - Therefore, notice of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented and dishonoured thrice - Cheque dishonoured lastly on 22.04.2014 - Legal notice was served on 08.05.2014 and compliant filed on 02.06.2014 - Held, in no way it can be said that either the legal notice was not within limitation or that complaint was time barred...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4.5 kgs Charas - Independent witness not joined - DWs 1 & 2 stated that accused was arrested from his work place but nothing was recovered from him - I.O directly deposited case property with malkhana without bringing it to notice of i, charge of police station - Contradictions and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Respondents No.1 & 2 were minors at the time of filing of suit - Natural guardian of respondents was not acting in consonance with the interest of minors - No steps were taken by Court to issue notice to get the minors to be represented through next friend or by appointing Court guardian -..........
Arbitration and Conciliation Act, 1996, Section 11(6), 15(2) -- Arbitrator - Sole arbitrator recusing himself - Substitute arbitrator is required to be appointed following procedure in the arbitration clause - It was incumbent on the petitioner to give notice and explore the possibility of naming an arbitrator by mutual consent and only on failure thereof application u/s..........
Essential Commodities Act, 1955, Section 3, 7, West Bengal Kerosene Control Order, 1968 -- Paras 5(1), 9, 10 - Authority to pass order - Business of superior kerosene oil as agent - Grant of license - Delivery of oil in excess of monthly limit - Grant of opportunity of hearing to writ applicant by SCFS - After perusal of records Director of Consumer goods issued fresh show..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Delay in filing complaint - Maintainability - Complainant sent legal notice to accused on 28.09.2010 and thereafter again legal notice issued by complainant on 11.11.2010 - Complainant himself admitted in cross-examination that date of issuance of first legal notice is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Delay in filing complaint - Legal notice must be issued by complainant to accused within a period of 30 days of receipt of information by him from bank regarding return of cheque - In case, drawer of cheque fails to make payment of amount of cheque in dispute, within a period of 15 days of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of remand of accused extended to 180 days from date of 1st remand by Sessions Court - Charge-sheet was filed within extended time - No notice of such application filed by I.O seeking extension of period of remand was given to accused - Though error/procedural lapse has occurred on the part of Court as..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days of service of notice - Complaint is not maintainable - Complaint and subsequent proceedings quashed - However, complainant may file fresh complaint within one month from date of order - Delay in filing complaint would be treated as..........
