Criminal Procedure Code, 1973, Section 39, 154 -- Rampant corruption - Registration of FIR - In the instant case, petitioner challenged vires of Haryana Vigilance Manual and despite series of representation and legal notice, no criminal case is registered by respondents against alleged culprits in rampant corruption - However, to achieve object and to set into motion..........
Electricity Act, 2003, Section 86(1)(f), 95 -- Termination of PPA - Validity of - As per PPA failure or refusal by appellant to perform its financial and other material obligations under a PPA constitutes an event of default - Appellant not dealing with any of the defaults mentioned in default notice issued - Since default in notice is not being remedied within period of..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Submission of false and forged facts in Court - Accused admitted that he inadvertently made statement that Court has stayed further proceedings whereas no such order was passed - However, no such material has been brought to notice of Court that by making said statement, accused tried to delay proceedings - Neither..........
Practice and procedure -- Issuance of notice - Advocate reported no instructions on behalf of his clients - It is difficult for Courts to meet expenditure to issue notice to opposite party, who conveniently avoided process of Court, in case Advocate reported no instructions on behalf of his clients...........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Issuance of notice to opposite party - Advocate reported no instructions on behalf of his clients - If no instructions was without justifiable cause, party can proceed against advocate for loss he sustained..........
Orissa Gram Panchayat Act, 1965, Section 24(1), (2) -- No confidence motion - Non- supply of resolution - From the material available on record, it appears that there was sufficient compliance of the provisions of law as envisaged u/s 24(2)(a)(c) of the Act - Even, no illegality or irregularity has been committed by the Sub-Collector by issuing notice in convening special..........
Transfer of Property Act, 1882, Section 106 -- Notice - Relationship of landlord and tenant not established - Question of terminating tenancy by proper service of notice u/s 106 of the Act is of no significance...........
Will -- Probate - Attestation or notarization of Will is not required to seek probate - However, judicial notice can be taken of fact that party may get Will notarized being ignorant of said fact. (Para 10) Will - Probate - Variation of signatures of daughter of testator on attested notarized Will - Appellant appointed as executor of Will, as he was neighbour and close..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint on the basis of dishonour of cheque for the second time is maintainable even when demand notice was issued when cheque was dishonoured for the first time...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed before expiry of 15 days from the issuance of notice - Drawer when denies his liability itself and says "No payment" then there is no purpose in waiting for the completion of 15 days - Contention that complaint is not maintainable, rejected...........
