Indo Tibetan Border Police Force Rules, 1994, Rule 22 -- Discharge - Petitioner was not discharged from service on account of his conviction in which he was released on probation but was discharged for giving wrong information at the time of his appointment as he concealed the factum of his conviction and release on probation - Once there exists statutory rule, which..........
Punjab Panchayati Raj Act, 1994, Section 13A, Punjab Panchayati Raj Election Rules, 1994, Rule 45A -- Election - Sarpanch - Validity of election process - All elected panches were notified date, time and place of meeting - Meeting could not be carried out as only appellants came present in meeting, therefore due to lack of quorum, it was adjourned - Venue of second meeting..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Original agreement between the parties took place and cancelled at Jaipur - Cheque drawn of a bank at Jaipur - Cheque deposited by the payee with its bank at Mumbai for presentation to the bank at Jaipur - Cheque dishonoured at Jaipur - Communication regarding dishonour received at Mumbai..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - An essential ingredient for maintainability of complaint - However, issuance of notice by itself does not give rise to the cause of action but communication of notice does...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed on 14th day after issuance of notice - Court took cognizance of offence on 14th day after notice - Complaint dismissed as pre mature...........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 126, 127 -- Electricity theft - There is nothing to demonstrate on behalf of petitioner - complainant that there was any need for a prior notice before inspection or any factual inaccuracy in the findings of the inspecting team regarding tampering of the electricity meter, nor installation of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant produced all the material documents like cheque, intimation of bank with endorsement `insufficient funds', copy of notice, postal receipt, postal acknowledgement, etc. - Complainant gave certain dates in the complaint - Held, merely because complainant did not remember the dates which were..........
Service -- Misconduct - Punishment - Past conduct - Past adverse record of the delinquent employee cannot be considered at the stage of imposing punishment unless he is put to notice and given an opportunity to explain his position...........
Haryana Municipal Act, 1973, Section 252(2), 253 -- No confidence motion - Petitioner elected member of MC submitted requisition for no confidence motion against petitioner - Notice to convene meeting - Rule 72-A of Rules of 1973 stipulates that 15 days notice is required to convene a meeting - It is a mandatory requirement - Notice dated 21.12.2009 was issued thereby..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178, 201 -- Dishonour of cheque - Territorial jurisdiction - Held, there are five essentials of offence u/s 138 of the NI Act - (i) Drawing of cheque; (ii) Presentation of cheque to bank of payee; (iii) Return of cheque unpaid by drawee bank; (iv) Giving of notice to drawer of cheque..........
