Evidence Act, 1872, Section 138 -- Cross-examination of complainant - Adjournment sought for cross examination due to non availability of counsel - Application for adjournment rejected and right of petitioner for conducting cross examination closed - Cross examination being valuable right of accused/petitioner, one opportunity is granted to petitioner to cross-examine..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Decree for possession and permanent injunction - Objection filed by JD after issuance of warrants of possession - Objection that compromise arrived at between parties where by DH agreed to transfer her ownership in property in question of JD and payment received therein by JD - Objection rejected, as..........
Service -- Termination - Payment of back wages - Respondent terminated from services as being charged with u, authorized absence of service - Termination order though was set aside, but he was not entitled to any back wages, as respondent remained absent without leave or without justification - Moreover, order of termination of services was passed after retirement of..........
Rajasthan Rent Control Act, 2001, Section 9(a) -- Eviction petition - Default in payment of rent - Notice reveals that though landlord claimed that rent of premises for a period of more than 4 months is due but neither actual period of rent nor the amount of rent due was specified in notice issued - Thus, while serving notice the amount due towards arrears of rent which..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1), 2(2A), 7 -- Eviction - Unauthorized occupant - Respondent was a lessee under appellant for a term of 21 years - Period of lease expired by efflux of time - Before expiry of lease period, there was discussion on question of renewal of lease - Terms proposed by appellant for renewal of lease not..........
Civil Procedure Code, 1908, Order 33, Rule 1, 2, 6, Himachal Pradesh Tenancy and Land Reforms Act, 1972 - - Permission to file suit as an indigent person - Plaintiff physically disabled person - Plaintiff entitled to relief of non payment of Court fee in terms of the provisions of Himachal Pradesh Legal Services Authority Act, 1987 - Held, when application is filed U.O.33..........
Agreement to sell -- Validity - Suit for specific performance - Plaintiff and defendant are closely related to each other - No payment was made by plaintiff at the time of execution of agreement to sell to defendant - Agreement was prepared later in point of time in order to cause loss to subsequent purchasers as stated by PW3 - Agreement is thus, is the result of..........
Electricity Act, 2003, Section 65 -- Power Purchase Agreement (PPA) - Termination of agreement by seller - Compensatory tariff - Determination - Appellant/seller even after termination of PPA continued to take project to its logical end - Seller must have incurred huge expenditure on the same - Expenditure towards running of project after obtaining coal from open market..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- RBI Master Circular on NPA Classification 2013 and RBI Master Circular on Wilful Defaulters and Notifications, 2014 - Non payment of dues - Publication of name of petitioner as defaulter - Bank published photographs of petitioners No.2 & 3 in newspapers as..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte award - Setting aside - Proceedings under Motor vehicle Act - Appellant was registered owner of offending vehicle - Report of process server is in contradiction to report of Sarpanch - Entire liability is fastened on appellant, as insurer is absolved of its liability to pay compensation - Moreover, nobody has..........
