Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 81, 86(1) -- Rejection of election petition - Locus standi to question election petition of respondent - Appellant was neither an elector for such constituency nor he was a candidate - He has no cause of action which invest him with right to sue - Election petition at the..........
Representation of the Peoples Act, 1951, Section 9(2), 33(3) -- Election petition - Rejection of nomination papers - A person dismissed from service - It is a condition for a valid nomination of a person who has been dismissed from service that nomination paper must be accompanied by a certificate to the effect that person seeking nomination has not been dismissed for..........
Punjab Co-operative Societies Act, 1961, Section 55, 56 -- Arbitration proceedings - Recovery of losses - Tarpaulins were, undisputedly, disposed of after five year`s duration - It is natural that an item having self life of two years would get diminished to any extent after 5 years - Therefore, fixation of weight of per tarpaulin in above said notification of petitioner..........
Civil Procedure Code, 1908, Order 9, Rule 13, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Exparte decree - Setting aside - Eviction petition - In proceedings U.O.9.R.13 CPC, Court is required to examine as to whether petitioner has fulfilled requirements of O.9.R.13 CPC which require party to satisfy Court that either summons were not duly served..........
Insolvency and Bankruptcy Code, 2016, Section 434(1)(c) -- Transfer of winding up proceedings pending in High Court to Tribunal - Proceedings for winding up of a company are actually proceedings in rem to which entire body of creditors is a party - Proceedings might have been initiated by one or more creditors but by a deeming fiction petition is treated as a joint..........
Unlawful custody -- Writ of Habeas Corpus - Detenue/wife filed petition for Habeaus Corpus through her husband as next friend against relatives/private persons alleging that they are detaining her and she is in unlawful custody - Since there is no matrimonial discord between detenue and her husband and she had not claimed any relief against her husband, Writ Court erred..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 447, 471, 120B -- Second bail application - Cheating - Petitioner has filed second bail petition on account of a right which has accrued to him u/s 437(6) Cr.P.C - He is in custody for last 1 year and about 8 months and not involved in any other case - Custodial interrogation of..........
Hindu Marriage Act, 1955, Section 13B(1) -- Divorce by mutual consent - Wife living in Canada - Wife can file petition through her father her Power of attorney holder - For satisfying genuineness of petition, Court can resort to video conferencing and both the parties can appear apart from the Power of Attorney holder of wife...........
Constitution of India, 1950, Article 226 -- Writ petition - Dismissed as not pressed - Recall application filed by new counsel - A new Counsel cannot maintain recall application as he is clearly not aware of what transpired in Court which led to the passing of order sought to be recalled - Recall application to be filed by the Counsel who was then appearing in the matter...........
Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A IPC - Quashing of FIR - Main petition u/s 138 of Negotiable Instruments Act withdrawn in view of amicable settlement between parties - Continuation of proceedings u/s 174-A IPC would be an abuse of process of Court - FIR quashed...........
