Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of notice in daily newspaper - When service is intended by an advertisement in a newspaper, newspaper shall be a daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resides or carries on business or personally works for gain...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Notice ordered through Court Process Server returned unserved with endorsement that respondent is not residing in the given address - Fresh notice has to be ordered instead of sending to the correct address...........
Criminal Procedure Code, 1973, Section 196, 460 -- Sanction for prosecution - Failure of investigating agency and of CJM to notice the absence of previous sanction falls within the prohibition enshrined in S.196 Cr.P.C. and cannot be brought within the pale of S.460(e) Cr.P.C. which would apply to generality of procedure covered u/s 190(1)(a)(b) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of witness - Power of attorney can adduce evidence on facts relating to issuance of cheque, dishonour, issuance of notice and filing of complaint and these facts can be deposed with documents - However, he cannot depose to whatever has transpired..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Subsequent transferees having express or implied notice and knowledge of suit agreement, can be impleaded as a party though issue for decision in the pending suit need not be enlarged beyond the scope of decision as to enforceability of suit agreement according to law -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Letter of Credit - Law of injunction against honoring Letter of Credit by a bank summed up as follows: (i) Court must be slow in granting an order of injunction restraining realization of a bank guarantee or Letter of Credit; (ii) There are two exceptions to above rule: (a) it..........
Central Excise Act, 1944, Section 4 -- Exemption to SSI units - Notification No. 175/85-CE, Dt. 01.03.1986 Para 7, Expln. 8 - Respondent manufacturing pharmaceutical goods under brand name `Stangen' - Issuance of show case notice to respondent stating that he is wrongly claiming benefit of exemption as said brand name is used by another person - In order to qualify as..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file a fresh suit on same cause of action - Non-compliance of mandatory provision of S.80 CPC by plaintiff - Omission to issue notice u/s 80 CPC is a serious infirmity and not a formal defect as it is pre-requisite for filing suit against Government or a Public officer - Plaintiff..........
Mineral Concession Rules, 1960, Rule 29(1) -- Determination of lease by lessee at any time by giving not less than 12 calendar months' notice in writing to the State Government - Director of Mines and Geology signing, on behalf of the State Government, the lease deed with M/s.Dalmia - Must be taken to be competent to determine the lease as well - Commerce and Industries..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - A-1 & A-2 demanded Rs.2000 from complainant for withdrawal of demand notice for payment of Excise duty, which was illegally issued by A-1 - Tainted money was recovered from A-2 as A-1 was absent from office at the time of acceptance - Although both the accused..........
