Showing : 1811-1820 of 4438 Results

DELHI HIGH COURT
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 11(4)(6), Limitation Act, 1963, Article 137-- Arbitrator - Appointment - Procedure and Limitation for filing application for appointment of arbitrator under Section 11 of the Arbitration Act - Party not entitled to approach Court straightaway - It is required to first issue notice to the other party proposing names of the arbitrators - It can..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Limitation Act, 1963, Article 59-- Consent decree - Fraudulent decree - Suit to set aside - Limitation - Suit filed about five years after passing of the consent decree - Fraud came to notice about two and half month before filing of the suit - Such decree is nothing but a nullity - Held, suit is filed within time...........
DELHI HIGH COURT
Year of decision: 2010
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(e), 17(1)-- Securitization Interest (Enforcement) Rules, 2002, Rr 8(1), (2), 6(r) - Non mentioning of secured debt in the auction notice - Not open to mortgagor to challenge the auction notice as no injury is caused to the mortgagor - Rules are for the benefit of the auction purchaser...........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138(c)-- Dishonour of cheque - Premature complaint - Statutory notice dated 10.03.2006 was received by accused on 14.03.2006 - Complaint came to be filed on 28.03.2006 - Held, date on which accused has received the notice, i.e, 14.03.2006, is to be excluded for computing the period of limitation -..........
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...........
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...........

Showing : 1811-1820 of 4438 Results