Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Advance notice - Service of - Held, if petitioner is required to be arrested in any criminal case, he would be given five days notice in advance to be served personally upon petitioner in order to enable him to avail legal remedy available to him as per law - Order accordingly...........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons - Proof - Held, once there is an endorsement of refusal by a party, the person who is serving the notice is required to point out that he has identified the person and the same person either by the party to the litigation or by punchas or neighbours in the area...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree - Setting aside - Opposed by husband on the ground that he remarried and has one child from the second marriage - There was no service of summons in the divorce petition on the wife at all - Husband performed second marriage within three days of passing of ex..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Service by publication in Newspaper cannot be said to be sufficient service in absence of recording of satisfaction by Court that defendant was intentionally evading service or that he could not be served in ordinary course - Even otherwise, in the instant case, petitioner is rustic illiterate villager,..........
Constitution of India, 1950, Article 226, Punjab Co-operative Societies Act, 1961 - - Co-operative Bank, Hoshiarpur - Writ petition against - Maintainability - Appellants challenged decision of disciplinary authority whereby it ordered for de novo inquiry - Held, it is a service matter and allegation is not regarding violation of mandatory provisions of the Act, but..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114(f) -- Dishonour of cheque - Service of demand notice - Presumption as to - Held, once it is established that notice was sent under registered post with acknowledgment due, prepaid and correctly address, requirement of S.138 of the N.I. Act shall be deemed..........
Service -- Disciplinary proceedings - Disciplinary authority cannot impose punishment not prescribed under statutory rules after holding disciplinary proceedings...........
Service -- Disciplinary proceedings - Held, holding of departmental proceedings and recording a finding of guilt against any delinquent and imposing punishment for the same is a quasi judicial function and not administrative one...........
Service -- Withholding integrity merely does not cause stigma, rather makes the person liable to face very serious consequences...........
Service -- Head draftsman - Technical grade - Petitioner claiming technical grade of Rs.4000-6000 on ground that he was working on technical post when scales come into effect and is still continuing to hold technical post - Petitioner has served legal notice but till date no decision thereon has been taken by respondents - Held, directions issued to Respondent No.3 to..........
