Provincial Insolvency Act, 1920, Section 37(1) -- Annulment order - Words 'All acts therefore done by the Court' appearing in Section 37(1) - Scope - Mortgage of suit property by debtor to creditor by sale deed - Debtor declared insolvent by Insolvency Court - Order of Insolvency Court declaring sale deed null and void pending insolvency proceedings - Order confirmed by..........
Indian Penal Code, 1860, Section 302, 34, 109 -- Conviction of father for exhorting his son to kill deceased - Four eye witnesses - Their evidence not consistent as regards the actual words spoken by the appellant before his son - Two witnesses made material improvements - Trivial reason like scolding by a neighbour found not natural for an aged father to exhort his son to..........
Transfer of Property Act, 1882, Section 111(g) -- - Lease for a specified period - Plea of termination of tenancy inasmuch as tenant committed breach of conditions in not paying rent at the stipulated rate and that condition can be gathered from the words of the instrument - Not tenable - A condition exists when lessor grants a lease for a specified period but includes a..........
Delhi Rent Control Act, 1958, Section 14C, 14(1)(e) -- Grounds of eviction - Comparison - Absence of words `bonafide requirement' in S.14-C does not make any difference...........
Negotiable Instruments Act, 1881, Section 138, 118(1) -- Cash cheque is a legal and valid negotiable instrument - Non mentioning of payee's name and the striking off the words `or bearer' does not make the cheque invalid...........
Contract Act, 1872, Section 13, 14, 20 -- Mutual consent which should also be a free consent as defined in Sections 13 and 14 is sine qua non of a valid agreement - One of the essential elements which go to constitute a free consent is that a thing is understood in the same sense by a party as is understood by the other party - Parties may realise after having entered into..........
Punjab New Mandi Township (Development and Regulation) Act, 1960, Section 3,4 -- New Mandi Township (Development and Regulation) Rules ,R. 3 - Punjab - Creation of new Mandi complex-Oustees of old Mandi - Government has inherent obligation to provide all licensed dealers of old Mandi sufficient accommodation for carrying on their trade - Merely providing opportunity to..........
Civil Procedure Code, Section 10 -- Essential requirement that matter involved must be substantially the same - May not be wholly identical - Words 'directly and substantially in issue' used in contradistinction to words 'incidentally or collaterally in issue' - Identity of matter in both suits means that whole of the subject - matter in both proceedings is identical and..........
Service -- Dismissal from service when convicted for an offence - Appellant convicted u/s 408 IPC and sentenced imprisonment - On appeal, Sessions Court upheld conviction but released on probation - By reason of conviction appellant dismissed from service - Words 'disqualification, if any, attaching to a conviction of an offence under such law' in S.12 of Probation of..........
Defamation -- To succeed in an action of defamation, the plaintiff must not only prove that the words spoken/published are defamatory and refer to him but has to further prove publication thereof, which is an essential element of the civil law of defamation...........
