Criminal Procedure Code, 1973, Section 482 -- Quashing of Complaint and summons - Complainant company is located at Chandigarh and material was supplied from Chandigarh - As per clause in agreement both parties had agreed that all legal disputes would be subjected to jurisdiction of Chandigarh/Delhi Courts - Held, Court of Chandigarh has jurisdiction to try and entertain..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(3)(a) -- Eviction petition - Bonafide requirement - Publication of summons in a newspaper - Service is duly complete even if only summons are published and there is no requirement of publishing entire eviction petition and annexures thereto in newspaper...........
Delhi Rent Control Act, 1958, Section 25, 38, Limitation Act, 1963, Section 5 -- First appeal - Delay of 13 days - Application for condonation of delay - Refusal to condone delay by Appellate Court/Rent Controller Tribunal - No reason for minor delay of just 13 days ought not to have been condoned and first appeal be not heard on merits - Order of refusal set aside - Delay..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 2(c)(i) -- Public servant - Licensed stamp vendors of Government of NCT Delhi, issued license under Stamp Act or Court Fees Act or under any subordinate legislation is public servant within the meaning of S.2(c)(i) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Issuance of notice from Delhi or deposit of cheque in a Delhi bank by the payee or receipt of notice by accused demanding payment in Delhi does not confer jurisdiction upon Courts in Delhi - Jurisdiction lies with Court at place where drawee bank who dishonoured the cheque is situated...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque dishonoured at Vellore (Tamil Nadu) where bank on which it was drawn is located - Notice demanding payment sent to accused from Delhi - Issuance of statutory notice cannot constitute a valid ground for conferring jurisdiction upon Delhi court - Complaint transferred to Vellore..........
Prevention of Corruption Act, 1988, Section 17(a) -- Investigation of case by an Inspector of Delhi Special Police Establishment is permissible in view of S.17(a) of Act...........
Arbitration and Conciliation Act, 1996, Section 34 -- English Arbitration Act, S.3 - Judicial seat - Parties have consensually provided that arbitration agreement will be governed by English law - Parties understood that arbitration law of England would be applicable to arbitration agreement - Term `judicial seat' is specifically defined in S.3 of English Arbitration Act -..........
Criminal Procedure Code, 1973, Section 57, 167 -- Transit remand - Accused contended that he was arrested from Noida but he was not produced before Illaqa Magistrate for transit remand nor permission from Delhi Court was taken for taking him to Farukhabad which was in violation of police rules - Accused brought to Delhi just within one hour as such it was not essential to..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide requirement - Leave to defend - Landlord sought eviction of tenant from shop on ground of bona fide requirement - Landlord is carrying on his business from shop located in narrow lane - Tenant is in occupation of shop located on main road which landlord considers to be more suitable for his own business..........
