Indian Penal Code, 1860, Section 386, 506 -- Extortion and criminal intimidation - Asking an employee to resign otherwise his services will be terminated and that information will be sent to other organisations employing same kind of personnel and that he may not get job - Act does not fall within the mischief of extortion - No clear allegations of intimidation -..........
Malicious Prosecution -- Damages - Four essential requisites are : (1) The proceedings must have been instituted or continued by the defendant; (2) He must have acted without reasonable and probable cause; (3) He must have acted maliciously; (4) In certain classes of cases the proceedings must have been unsuccessful - that is to say, must have terminated in favour of the..........
Civil Procedure Code, 1908, Order 3, Rule 4(2) -- Advocate - Fee - Bank paid 50% fee at the time of filing plaint - Vakalath terminated during pendency of suit - Court directed that Advocate is entitled to 25% of fee and directed to return the balance of excess received from Bank - Circular instructions issued by Bank are binding on Bank and Counsel as well - Order of..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Lease deed not admissible in evidence for want of stamp duty and registration - No other express contract stipulating conditions for termination of tenancy - Building taken on rent to run a school - Lease deemed to be lease from month to month - Quit notice issued on 20.6.1983 received by tenant on 22.6.1983..........
Constitution of India, 1950, Article 226, 227 -- Petrol dealer - Cancellation of dealership - Alternative remedy of arbitration available - High Court dismissed petition - Held, as dealership is terminated on irrelevant and non-existent cause as such it attracts writ jurisdiction...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Contractual relationship between the parties and agreement contains arbitration clause - Petitioners dealership which is their bread and butter, came to be terminated for irrelevant and non-existent cause - Relief should have been allowed by High Court itself instead of driving petitioners to the need of..........
Service -- Absence from duty - Certified Standing Orders of Company that if a workman absents himself for ten consecutive working days without leave, shall be deemed to have left the firm's service without notice, thereby terminating his service - Absence without leave - Workman asked to report - Non compliance - Service terminated - Workman informing management that he..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petrol pump - Violation of agreement - Change of constitution of firm i.e. proprietorship firm to partnership firm without prior permission of grantor/licensor - Contract terminated - Not entitled to injunction...........
Rent and Eviction -- Eviction order - Vacant possession whether to be delivered to the landlord or the paramount lessor - Union of India terminated the lease granted in favour of the landlord - Possession ordered to be restored to the paramount lessor instead of restoring it to the landlord...........
Specific Relief Act, 1963, Section 20, 10 -- Expln.(1) - Relief of specific performance - Agreement for sale of flat - Construction company refused specific performance on ground that original lease of plot was terminated by municipality - There was however possibility of renewal of lease and revalidation of building plan - Purchaser ready to perform her part of contract -..........
