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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 106-- Notice - Lease - Once lease stood determined by efflux of time, there is no necessity for a notice of termination u/s 106 of the Act, as position of tenant on expiration of lease is of a tenant at sufferance...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Proclaimed offender - Offence u/ss 420, 447, 506, 120-B, 34 IPC - There is nothing on record which shows that petitioner was ever served Court notice or investigating officer ever served him u/s 105-B Cr.P.C before filing report u/s 173(2) Cr.P.C. - Even, sister and..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Subsequent purchaser - Agreement to sell registered - It is thus, presumed in law that subsequent purchasers had a notice of earlier contract and thus, they are not bona fide purchasers of property...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - To be only for the cheque amount and not for any other amount more than the cheque amount - In the instant case loan amount and cheque amount were the same as such mention of `Loan amount' in the notice is not fatal...........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was ready and willing to perform his part of contract as per findings of trial Court - Overwhelming evidence to substantiate this fact is on record, more particularly notice given by plaintiff to defendant expressing that he is ready and..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 165 days in filing appeal against ex parte eviction decree - Defendant categorically stated that he was not at all served and he came to know of decree passed in suit only when he received notice in execution petition and immediately after obtaining certified copies..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 500-- Defamation - Legal notice - It was stated that complainant prepared the forged documents and are trying to grab the whole property - In the last para it was mentioned that if accused is not given his one third share, he will institute court proceedings - Accused being successor has every right to..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 6-- Dispossession - Suit for possession and damages - Suit filed by plaintiff on the basis of registered sale deed executed in favour of his son - Defendant started interfering in peaceful possession of plaintiff and dispossessed him illegally after reversing mutation by revenue authority without..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Suit for declaration of title - Plaintiff sought to admit notice issued by Tehsildar in Encroachment case - Appellate Court delved deep into the matter and held that it is admitted case that title rests with defendant - Encroachment case in the year 1989..........
DELHI HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Two complaints filed against petitioner which were identical and in both the cases, two cheques allegedly issued by petitioner - Both the complaints were consolidated and common evidence was led - Petitioner convicted in both the cases - However, in appeal petitioner..........

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