East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - False plea of payment of entire rent - Effect - Held, when tenant's plea of payment of entire rent was found to be false, Rent Controller was not under any obligation to grant him an opportunity to make up deficiency of arrears of rent - Deposit of arrears of rent during pendency of appeal..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Petitioner failed to appear before Appellate Court as learned counsel for petitioner had mistakenly noted wrong date - Held, for the fault of counsel or mere technicalities, the substantive relief should not be declined specifically when the petitioner has taken measures for..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Non-payment of provisional rent - Held, once a default is committed by tenant, by not tendering provisionally assessed rent on stipulated date, nothing remains and eviction of tenant is automatic...........
Constitution of India, 1950, Article 227, Criminal Procedure Code, 1973, Section 190, 195, 340, Indian Penal Code, 1860, Section 191, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 14 -- Giving false evidence - Quashing of proceedings - Held, merely because there was some calculation mistake committed by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused found guilty - Accused sentenced of imprisonment till rising of Court and to deposit an amount of Rs.62,000/- as compensation to appellant payable within three months and in default to undergo simple imprisonment for one month...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Cheque amount Rs.62,000/- - Accused convicted and sentenced to undergo imprisonment till the rising of Court and to deposit an amount of Rs.62,000/- as compensation to the appellant within three months and in default to undergo simple imprisonment for one month...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed for default - Suit fixed for Sunday - Taken up on the next working day - Suit dismissed in default - Case when taken on next working day should have been fixed for particular date and notices should have been issued to the parties or their counsel - Absence was not intentional - Impugned order..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Proclaimed offender - Offence under NDPS Act - Challan not presented within 180 days i.e. prescribed period and application for grant of bail filed after expiry of 180 days - Held, bare perusal of S.167 (2) Cr.P.C. shows that there is no..........
Indian Penal Code, 1860, Section 394 -- Hire Purchase agreement - Default in payment of instalments - Under the hire purchase agreement, the ownership of the vehicle vests with the finance company and therefore, repossessing the vehicle by recourse to the clause in the hire purchase agreement does not amount to an offence u/s 394 of the Code...........
Electricity Act, 2003, Section 56, 145, 42 -- Jurisdiction of civil court - Disconnection of electric supply in alleged default of payment of electricity charges - Suit filed for declaration that electricity bill is inflated and faulty and thus illegal - Suit filed is one u/s 56 of the Act - Jurisdiction of civil court is not barred when suit is filed u/s 56 of the Act -..........
