Showing : 1831-1840 of 4470 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 106-- Notice u/s 106 TPA - Notice can be sent by post or tendered or delivered to the party or one of his family members or servant at his residence, and in case such tender and delivery is not practicable affix it at the conspicuous place of the property...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Company - Complaint filed against officers of company - Cheque of petty amount of Rs.1487/- could not be encashed due to mistake - Complainant concealed fact that he was requested to re-deposit cheque for collection - No intention on part of accused not to make payment - Only..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 142-- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of statutory period of notice - Court takes cognizance on the day when a direction was issued to record the evidence of complainant and not on the day the process to summon accused was issued - Complaint rightly dismissed..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Transfer of Property Act, 1882, Section 106-- Notice u/s 106 TPA - Sent by registered post - Received back with remarks `not present' - Presumption of service cannot be drawn as the letter was not actually served...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114-- Notice sent under certificate of posting - Presumption u/s 27 of General Clauses Act does not apply to a letter posted under certificate of posting - Presumption u/s 114(f) of Evidence Act applies in such a case - Certificate of posting may give rise to the presumption that the letter was posted..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 106-- Notice u/s 106 TPA - It is not merely the despatch of notice which is the requirement of S.106 TPA - Rather S.106 TPA envisages service of notice of termination of tenancy, that too by giving notice specified therein...........
MADHYA PRADESH HIGH COURT
Year of decision: 2010
Details
M.P.Accommodation Control Act, 1961, Section S.12(1)(a)-- Ejectment of tenant sought on the ground of arrears of rent - Demand of arrears of rent not made in quit notice sent to tenant - Held, order of eviction cannot be passed...........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonor of cheque - Cause of action - Issuance of notice by itself does not give rise to cause of action - It is communication of notice i.e. receipt of notice which would ultimately give rise to the cause of action for filing of the complaint, when in spite thereof the cheque amount is not paid...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Ex-parte decree - Remedy with the defendant - Defendant proceeded ex-parte after notice and appearance on his behalf - Defendant absented himself - Defendant has no remedy to file application under Order 9 Rule 13 CPC - Remedy is to file an appeal - It will be for the appellate court to decide..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Suit for specific performance - Plaintiff advanced huge amount as earnest money - Order of status quo regarding alienation of suit property set aside - In case of alienation of suit property during pendency of suit, defendant to inform prospective..........

Showing : 1831-1840 of 4470 Results