Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Eviction notice - Notice sent to respondent by Registered Post in compliance with S.106 of Transfer of Property Act - High Court committed error by setting aside eviction decree holding that since endorsement on notice read "ND", notice was not delivered and therefore, any and all..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Secured asset - Tenant in secured asset - Respondent claimed he was a tenant in the secured asset from 1987 - However, he was unable to place on record any rent receipt, tax receipt or electricity bill evidencing continued occupation of premises prior to..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Liability of partners along with partnership firm is joint and several, even in absence of a partnership firm being proceeded against by complainant by issuance of legal notice as mandated u/s 138 of the Act or being made an accused specifically in a complaint filed..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Partnership firm not arraigned as an accused - However, partners of Firm arraigned as accused and notice was issued to them - Defect if any, is not significant or incurable in these circumstances - Moreover, cheque was issued in name of firm and signed by one of..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 391, 401 -- Offence u/Ss.420, 467, 468, 471, 120-B IPC - Additional evidence at revision stage - Judgment of District Collector - Applicant had filed complaint before District Collector and was aware that judgment had been delivered by District Collector, therefore, applicant..........
Agreement to sell -- Specific performance - Defendant admitted signature found in reply notice but denied signature in agreements to sell as well as on summons - He contends that signatures were forcefully taken but same was not explained by defendant by placing cogent evidence - Moreover, endorsement at the document clearly discloses that even after execution of sale..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 84 -- Dishonour of cheque - Proclaimed person - Satisfaction recorded by trial Court cannot be stated to be proper since no effective service of notice/bailable warrants/non-bailable warrants was proved to have been effected upon petitioner - Action of trial Court by switching..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accepted by a relative - No evidence that accused was aware of service of notice on his relative - If there is no such evidence, it is to be presumed that statutory notice is not served on accused - Conviction and sentence set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time to file final report - Opportunity of hearing - Accused was duly served notice about petition filed for extension of time to file final report - Accused were given opportunity of hearing - No infirmity or illegally in extending time to file final report...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 2nd Proviso - For applicability of second proviso to O.9.R.13, two things are required - Firstly, mere irregularity in service is not sufficient and secondly, Court should be satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer plaintiffs claim - If both conditions are satisfied..........
