Electricity (Supply) Act, 1948, Section 49, Haryana Government Electrical Undertaking (Dues Recovery) Act, 1970, Section 6 -- Electricity dues - As per notification dt.27.11.2001 issued by Electricity Board in case of sale of premises, transferred consumer liable to pay electricity dues of previous consumer - In the instant case consumer purchasing premises on 27.11.2001..........
Indian Penal Code, 1860, Section 415 -- Purchase of goods on credit - Non payment - Agreement to make payment of outstanding dues within time stipulated in the Hypothecation agreement and for supply of goods on cash and carry basis - Non payment of outstanding dues - Fraudulent intention alleged to emanate from the promise under the said agreement to make payment - Offence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Business dealing - Cheque alleged to be towards outstanding dues - Account books not produced by complainant - Contention of accused that cheque was issued as security believed - Conviction set aside...........
Capital of Punjab (Development and Regulation) Act, 1952, Chandigarh Lease Hold of Site and Building Rules, 1973 -- Allotment of plots - Resumption Order - Dispute regarding charging of interest on instalments and ground rent and non payment thereof and penalty for delayed payment - Reling on M/s Shanti Kunj's case JT 2006(3) SC 1, writ petitions disposed of with..........
Negotiable Instruments Act, 1881, Section 138 -- Time barred debt - Cheque issued for discharge of time barred debt - Prior to issuance of cheque accused executed an affidavit/undertaking admitting the loan amount and confirming the outstanding balance - Debt becomes legally enforceable debt - Cheque given in payment of such debt if dishonoured then accused is liable to be..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Telegraph Rules, 1885, Rule 443 - Telephone disconnection - Deficiency in service - Compensation - Despite the fact that the bill was paid well in time telephone disconnected - Held to be deficiency in service - Plea of appellant that after having come to know regarding payment of outstanding amount telephone..........
Electricity -- Dues of erstwhile consumer - Property purchased in public auction consequent to liquidation - Purchaser of property in a public auction is not the successor of erstwhile consumer as it is a non voluntary transfer and such purchaser is not liable to pay the outstanding dues of erstwhile consumer...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Indian Contract Act, 1872, Section 126 -- Bank guarantee encasement case - Injunction against Encasement of Bank guarantee - Contract for supply of goods by company to contractor - Dispute arose between parties regarding outstanding amount - Bank guarantee executed at instance of contractor in favour of company was..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Electricity Act, 1910, Section 10 - Electricity disconnection - Three service connections for electric supply in one name - On two service connections charges paid whereas on one connection there are outstanding dues - Held that appellant board is entitled to discontinue electric supply on the other two service connections..........
Indian Penal Code, 1860, Section 306 -- Suicide - Abetment - Non payment of loan amount - Accused took away the ornaments of deceased and threatened police action if he did not settle his outstanding loan account - Deceased committed suicide and wrote suicide note - Held, act of accused does not constitute abetment - Framing of charge amounts to miscarriage of justice -..........
