Inflammable Goods and Licensing - Quantification or specific qualities of rubber goods are not necessary to mention; the licensing fee under the Municipal Corporation Act, 1956 (MP) is an objective test requiring some nexus, not subjective assessment ISHWAR BROTHERS INDORE VS ADMINISTRATOR OF THE CITY INDORE MUNICIPAL - Madhya Pradesh.
Cheque Dishonour Notices - Mentioning a 15-day period for payment in statutory notices under Section 138 of the Negotiable Instruments Act, 1881, is not necessary if the demand is clear; the notice must specify the demand amount but does not need to specify the time frame P. V. R. S. Manikumar VS Krishna Reddy - Crimes, MUZAHIR HUSSAIN VS STATE OF UTTAR PRADESH - Allahabad, P. V. R. S. Manikumar VS Krishna Reddy - Dishonour Of Cheque.
Electronic and Packaged Goods Regulations - Notification under Section 1(3) of the relevant Act brings electronic printers under applicable rules; separate notifications mentioning specific standards are required for packaged goods like electronic printers TVS Electronics Limited VS Union of India - Andhra Pradesh.
Legal Pleadings and Suit Maintainability - Mentioning specific provisions of law in plaints is not mandatory for justiciability. The relevance of citing particular sections depends on the context, and suits under Sections 11 and 12 require relevance of the law mentioned Arvind Kumar Rai VS Guria Kumari - Patna.
Criminal Cases and Previous Antecedents - Dismissing petitions based solely on previous cases of other accused is not necessary; courts consider facts and circumstances, and previous antecedents may not always influence the current case unless directly relevant Mayakannan VS State through the Deputy Superintendent of Police, Thiruchuzhi Sub-Division, Virudhunagar - Madras.
Land Acquisition and Authority Specification - In land acquisition under the Land Acquisition Act, 1894, and the Urban Land Ceiling Act, 1976, mentioning the authority for whom acquisition is made is not always necessary if the provision is explicitly clear Neelagangabai VS State of Karnataka - Supreme Court.
Property Transfer and Mortgage Rights - Under the Transfer of Property Act and Registration Act, invoking Section 53-A for redemption rights in mortgage cases can be done based on the contract of sale and facts pleaded, even if the sale deed is unregistered; specific section mention is not always necessary Anweearappa VS Shetty Thammanna - Andhra Pradesh.
Analysis and Conclusion:
Overall, the sources emphasize that precise mention of certain procedural details or legal provisions—such as specific time frames, section references, or qualities—is often not mandatory if the core demand or legal requirement is clear and the relevant law or regulation is sufficiently established. This reflects a pragmatic approach in legal notices, pleadings, and regulatory compliance, focusing on substance over form.
and rubber goods - are inflammable -quantification or mentioning of qualities or varities not necessary. ... Under the circumstances, quantification or mentioning of qualities or varieties is not at all necessary. ... (1) Municipal Corporation Act, 1956 (MP) - S. 248(c) - test is not subjective but it is objective - some nexus necessary - plastic ... The impost is merely a licence fee for carrying on trade in such goods which fall within the ambit of....
of cheque - Statutory notice Mentioning of 15 days time for payment is not necessary in the notice - Notice requiring accused to ... (i) Negotiable Instruments Act, 1881 - Section 138 - Dishonour of cheque - Statutory notice making demand not only of amount of cheque ... (Paras 9 to 11) ... (iii) Negotiable Instruments Act, 1881 - Section ... Every King Garments13, that the mentioning of 15 days' time for payment is not necessary in....
electronic printers is not necessary.- When once notification under Section 1(3)of theAct is issued bringing into provisions of ... Commodity) Rules, 1977, Rules 23 (1) and 39 (1) - Applicability of Package Rules to electronic printers - Separate Notification mentioning ... STANDARDS OF WEIGHTS AND MEASURES ACT, 1976, Section 1 (3)(d) and Sections 39, 67 and 73 : - Standards of Weights and Measures (Packaged ... Various averments therein are similar to counter averments of first resp....
It emphasized that mentioning the specific provision of law in the plaint was not necessary for justiciability, and considered the ... The court also considered the maintainability of the suit under Section 11 and Section 12, and the relevance of mentioning the specific ... The court also addressed the maintainability of the suit under Section 11 and Section 12, and the relevance of mentioning the specific ... It would not....
the reason that other accused in this case is having one previous case under Section 302 I.P.C., dismissing this petition is not ... necessary - Considering facts and circumstances of case, this Court is inclined to allow Criminal Appeal by setting aside the order ... Court for Trial of SC/ST Act Cases, it appears that nothing was averred about the previous antecedents of present appellant - After mentioning ... After mentioning the reason that the other accused in this case is having one previous case ....
necessary to interpret clause (b) of Section 20 in present appeal - Confirm direction of High Court as contained in impugned judgment ... binding on Corporation - Further provision specifically mentioning in clause (c) authority for whom acquisition is made it is not ... Land Acquisition Act, 1897 - Section 18 and 20 - Urban Land (Ceiling and Regulation) Act, 1976 – Land Acquisition ... in clause (c) the authority for whom the acquisition is made it is not necessary t....
mentioning the cheque amount is preferable, it is not strictly necessary if the demand is clear, influencing the decision to dismiss ... Ratio Decidendi: The court concluded that a notice under Section 138 need not specify the cheque amount if the demand is clear ... Negotiable Instruments - Cheque Bounce - Negotiable Instruments Act - Section 138; Criminal Procedure Code - Section 357(3) - ... The learned counsel drew attention of this Court Section#HL_END....
(ii) Negotiable Instruments Act, 1881 - Section ... Every King Garments13, that the mentioning of 15 days' time for payment is not necessary in the notice as it is not contemplated in the section. ... 10. ... The filing of petition under Section 245 (2). Cr. P.C. itself is not permissible, since the said section would relate to warrant cases, whereas, the instant proceedings would relate to summon cases. ... Therefore, the #HL_START....
(A) Negotiable Instruments Act, 1881—Sections 138 and 142—(Indian) Penal Code, 1860—Section 420—Criminal Procedure Code, 1973—Sections ... information regarding non-payment of cheque—Once demand notice issued after dishonour of cheque—Legal process for offence under Section ... [Para 17] ... (E) Negotiable Instruments Act, 1881—Section 138 and 142 ... However, mentioning of 15 days time for payment is not necessary in the notice, as it is n....
Transfer of Property Act, Sections 60 and 53-A and Registration Act Section 40-Mortgage in possession purchasing right of redemption ... under an unregistered sale deed-He can invoke Section 53-A of Transfer of Property Act. ... purchased by the mortgagee in possession already, he can rely upon the contract of sale in his favour and thus invoke the aid of Section ... Short of mentioning the section, the facts necessary constitute the plea, however, stand pleaded in th....
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