National Security Act, 1980, Section 3(2) -- Preventive detention - Subjective satisfaction - Detention order passed against petitioner/detenu on ground that he was likely to continue to act in a manner prejudicial to security of State and maintenance of public order - Petitioner was in custody on date detention order was passed - No bail application was pending in any..........
Indian Penal Code, 1860, Section 420, 406, 506 -- Cheating & criminal breach of trust - Petitioner inducting opposite party No.2 as minor business partner and taking Rs.5 lac as security on the promise to refund the said amount on termination of relationship - Petitioner assured a minimum sum of Rs.2 lac as profit - Held, it must be construed as expectation of profit and..........
National Security Act, 1980, Section 3(2) -- Preventive detention - Subjective satisfaction - While passing detention order District Magistrate has only recorded that detenu is likely to be released in near future but there is no mention as to whether detenu had moved any application for bail or not - District Magistrate has also not given any reason justifying her..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of summons - Plea that cheques were given as security and not in discharge of any legal liability - Held, since defence of petitioners was not before Court at the time of issuing of summons as such Court had no occasion to look into same..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Ex parte decree set aside on payment of Rs.11 lacs which was towards advance and interest - Imposition of condition to pay entire decretal amount is meaningless to set aside ex parte decree - Reduced to 50% - Ex parte decree set aside on payment of Rs.5.50 lacs..........
Punjab Security of Land Tenures Act, 1953, Section 14A -- Ejectment - Computation of rent - Application for - Rejection of - Validity - No evidence had been led and matter was fixed for evidence - Held, it was duty of Assistant Collector to have considered application moved by petitioners, computed rent due and then given 15 day time to petitioners to pay same - Matter..........
Constitution of India, 1950, Article 226, Punjab Minor Mineral Concession Rules, 1964, Rule 47, Punjab Land Preservation Act, 1900, Section 4 -- Lease of mining work - Restriction imposed on mining under Aravali Project Plantation - Refund of security and monthly installments - Held, petitioner entitled to refund of security and monthly installments paid - Petition..........
National Security Act, 1980, Section 14 -- Preventive detention - Revocation of - Indispensable on part of authorities concerned to assign reasons for revocation of detention orders - Revocation of detention order without assigning reasons not justified...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - - Army land - Bona fide need - Eviction - Validity - Army authorities repeatedly saying that premises was required for departmental purposes - Respondent-authorities have established their case of bona fide requirement to satisfaction of competent authorities under the PP Act - Held, there could not be any..........
Constitution of India, 1950, Article 227, Criminal Procedure Code, 1973, Section 190, 195, 340, Indian Penal Code, 1860, Section 191, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 14 -- Giving false evidence - Quashing of proceedings - Held, merely because there was some calculation mistake committed by..........
