Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Additional accused - Name of proprietor of firm not known - Complaint filed against son of proprietor - Proprietor sought to be arrayed as accused - Complaint against respondent No. 2 can be said to have filed on the date of which application under Section 319..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Additional accused - Name of proprietor of firm not known - Complaint filed against son of proprietor - Proprietor sought to be arrayed as accused - Even if initially complainant was not aware about the real proprietor, he could move the application under..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 120B -- Quashing of complaint - Petitioners took loan from complainant but failed to repay the same within stipulated period - Petitioner issued cheques in discharge of their liability which were dishonoured - Complainant neither filed any complaint under section 138 of the N.I. Act nor..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Plaintiff filed suit for permanent injunction claiming himself to be in possession as Gair Mourusi - Defendant filed counter claim seeking possession alleging that after the expiry of these period, suit land was to revert back to the defendant (lessor) but plaintiff illegally wants to grab the suit land - Held,..........
Transfer of Property Act, 1882, Section 107 -- Lease for 9 years - Lease deed unregistered - Held, lease of immovable property from year to year can be created by way of registered lease deed in view of S.107 of the Act - Unregistered lease deed not admissible in evidence in view of Section 49(c) of Registration Act, 1908...........
Transfer of Property Act, 1882, Section 107, 117 -- Lease meant for agricultural purposes - Held, even if not registered it does not effect the rights of lessee and is admissible in evidence - Provision of Section 107 of the Act not applicable in view of Section 117 of the Act to lease deed for agricultural purposes...........
Punjab State Election Commission Act, 1994, Section 11(j) -- Punjab Panchayat Election Rules, 1994 - Petitioner employee of Punjab Ex-servicemen Corporation, a Punjab Govt. undertaking, working as a security guard with BSNL exchange which is also a Govt. of India enterprise - Whether petitioner eligible to contest the election for the post of Panch - Section 11(j) of the..........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt - Order as to not to disturb place of posting - Location of posting changed - Held, in the event two interpretations are possible and the action of the contemnor pertains to one such interpretation, then the act or acts cannot be ascribed to be otherwise contemptuous in nature - It is no more res integra that mere..........
Criminal Procedure Code, 1973, Section 145, 146 -- Police submitted report regarding existence of situation likely to cause breach of peace due to dispute regarding possession of properties - Magistrate after issuing notice to both the parties, prohibited them from using properties and directed them to maintain status quo - Held, under section 145 Cr.P.C. no interim order..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 92 - - Suit against trust - Leave to institute - Conditions precedent to attract S.92 of CPC - Held, suit must concern to a Trust for public purpose of religious and charitable nature - Suit must be of a representative character to enforce public rights as against individual interest of plaintiff - Suit must be by..........
