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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Non-payment of arrears of rent - Proof - Eviction sought on ground of default in payment of rent from 01.03.1991 to 31.12.1996 - Rent was stated to be Rs.400/- P.M. - In reply tenant stated that there had been no default at all in payment of rent and his wife herself had received rent - Tenant relied on..........

MADRAS HIGH COURT

Year of decision: 2013
Details

Transfer of Property Act, 1882, Section 106, 111(g) -- Eviction - Default in payment of rent - Validity - Termination notice issued by plaintiff/landlord to defendant granting 15 days' time to vacate property - Tenant holding over premises from month to month as initial period of lease for 11 months had expired - Held, question of forfeiture on part of landlord would not..........

UTTARAKHAND HIGH COURT

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Appellant sold his crops to respondent and respondent, in lieu of payment, handed over cheque amounting to Rs.80,000/- which got dishonoured - Respondent did not appear in witness box to rebut presumption in favour of appellant - Held, respondent guilty for offence punishable..........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Non payment - Imprisonment in default of payment - Magistrate is not empowered to impose composite sentence for more than one month...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition u/s 163-A of the Act - The peculiar feature of the provision is that the claimants are not required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner or owners of the vehicle concerned -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 125 -- Maintenance - Non payment - Undergoing imprisonment in default of maintenance does not wipe out the liability which subsists till the payment is made...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Non payment - Maximum limit of sentence of one month referred to in S.125(3) Cr.P.C. is applicable for each month of default...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 9, Rule 3 -- Restoration of suit dismissed in default - Typographic error in application regarding date of dismissal of suit in default - Party should not suffer because of any mistake in typing - Suit restored and plaintiff granted one more effective opportunity to produce his entire evidence at his own responsibility preferably on the..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Hire purchase agreement -- Default in repayment of loan - Financier is entitled to take possession of vehicle under Hire Purchase Agreement when hirer commits default in repayment of loan by following the recovery process but not by use of force...........

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Rajasthan Rent Control Act, 2001, Section 10(1)(c) -- Eviction - Senior citizen - Summary proceedings - Disputed title - Petitioner sought eviction on ground of his being senior citizen u/s.10(1)(c) of the Act or otherwise on ground of default, material alteration and denial of title - Respondent contended that he acquired possession of demised premises on basis of oral..........

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