Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms opium - Search and seizure - Personal search of accused - I.O casually conveyed accused that he could be searched before a Gazetted Officer or a Magistrate - No attempt was made to apprise accused of existence of a right to be searched before either of two - Notice given to accused is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Neither accused denied his signature in the cheque nor denied receipt of legal notice - Had accused initiated insolvency proceedings or had accused been abducted and cheques forcibly obtained, he would issued a reply notice setting out these facts - Moreover, after perusing original cheque Court does..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per accused, he borrowed money from someone else and cheque was given to him and said person had handed over cheque to complainant for filing prosecution - However, neither signature are denied by accused in cheque nor accused replied to statutory demand notice that was issued by complainant - Though..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - In order to attract provision of O.39.R.2-A CPC, there has to be not mere disobedience but it should be a willful disobedience and act of willful disobedience is required to be proved by cogent evidence and a person cannot be held to be guilty of disobedience merely on basis of a..........
Agreement to sell -- Suit for possession by way of specific performance - No notice was legally required to be served upon defendants before filing suit for specific performance - Thus, on this very ground their suit for specific performance cannot have been contverted into suit for recovery...........
Agreement to sell -- Specific performance - Readiness and willingness - Execution of sale deed not in dispute - However, there is no receipt of balance sale consideration in the sale deed - It is nowhere mentioned by plaintiff even in his plaint, that pursuant to receipt of reply to legal notice, plaintiff was ready and willing to get sale deed executed by paying entire..........
Service -- Selection process - Post of Police constable - Re-appearance in Physical Efficiency Test (PET) - Respondents could not perform well in PET at short notice and fatigue due to overnight travel i.e at a distance of approximately 200 kms to 350 kms - High Court rightly provided them second chance to appear in five kilometer distance run which candidates are..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal - Plea of false assertions raised in reply to the notice - Assertion raised in reply to the notice admitted to be correct by complainant in his cross examination - Held, complaint and sworn statement are unsubstantiated - Accused acquitted...........
Standing Order -- Cl.21(ii) - Termination of employees - Where service of an employee is less than one year same would be terminable by giving 10 days notice or on payment of pay and allowance in lieu thereof by either party...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objection - Requirement of affidavit, (i) no affidavit is required to be filed with application u/s 34 of the Act except an affidavit needs to be filed only to extent that requirement of giving advance notice has been complied with; (ii) affidavit needs to be filed only in case contents have to be..........
