Punjab State Election Commission Act, 1994, Section 82 -- Election to the post of Municipal Councillor - Election Tribunal ordered recounting of votes on ground of equity and natural justice - Impugned order set aside - Held, following factors to be established warranting recounting of votes : (a) prima facie case must be established; (b) material facts must be pleaded..........
Representation of the Peoples Act, 1951, Section 83 -- Constitution (Scheduled Caste) Order, 1950, Paras 2, 5(a), 100(1)(a) and 125-A - Appellant who was Christian of Pallan community converted to Hinduism by performing all rituals and ceremonies in Arya Samaj - Hindu Pallan community notified as Scheduled caste under The Presidential Order of 1950 - Appellant contested..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Compounding of offence - Accused paid cheque amount to complainant and also deposited fine imposed by trial court as per trial court order - Additional sum of 15% of the cheque amount imposed by way of cost which not..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i)(a) -- Bonafide requirement - Failure to plead not occupying any other premises in the area - Tenant failed to take this objection in written statement - Held, pleadings have to be considered broadly in a rent petition where it is not captive to the strict law of interpretation which may be a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cancellation of sale deed - Suit for - In the objection, opposite party No.1 by way of amendment introduced total new story - She did not file any application to amend her original plaint which indicates that sale transaction had taken place and due to non payment of consideration amount suit was filed..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, 14(1)(d) -- Parallel proceedings - Vehicle loan - No Objection Certificate - Non issuance by appellant - Bank on the ground that Rs. 39,000/ - still outstanding against the respondent for which civil suit for recovery pending before Civil Court - Consumer complaint by respondent held to be a misuse of the process of law -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Lesser valuation of suit - Correction of - Permissibility by way of amendment - Held, though suit might have been valued at lesser amount, whereby concerned Court does not get preliminary jurisdiction, yet as long as the objection is not raised and decided thereon, it cannot simply throw it out - In..........
Stamp Act, 1899, Section 36 -- Pronote - Unstamped - Admitted in evidence without any objection - Admissibility of the pronote in evidence cannot be called in question at appellate stage, when no objection to its admissibility on the ground of being unstamped was raised when the pronote was admitted in evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Refusal to - Bank guarantee is of definite amount of Rs.24 Lacs and odd - Counsel appearing on behalf of respondents categorically submitted that in case the result of this appeal goes in favour of plaintiffs-appellants and their claim is decreed, they will get their money back from them without any..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 18, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Suit seeking declaration regarding maintainability of contract - Objection that suit was barred u/ss 17, 18 of the Act of 1993 and u/s 34 of Act of 2002 - Held, question to..........
