Electricity Act, 2003, Section 126, 127, 135, 53 -- Theft of energy or unauthorized use of electricity - Electricity Board was taking an action for recovery of Rs.39,400/- and demanding sum to be paid within 15 days - Held, petitioner was entitled to assume that Electricity Board was treating case as an order of assessment u/s.126 and was justified in preferring appeal..........
Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Damage to public property - Grant of bail - The mob collected, blocked Jind-Kaithal road, damaged Haryana Roadways buses and had even set on fire a police post - Held, the kind of allegations in the FIR shows the mind of people where they started taking law into their own hands - Even for small petty..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending of notice from a particular place - Held, it would not give rise to cause of action but same will arise at the place of communication of notice...........
Court Fees Act, 1870, Section 17, Constitution of India, 1950, Article 226 -- Court-fee - Joint writ petition filed by more than one person seeking same relief - Payment of court fee - Held, joint petition where each of the petitioner has his separate cause of action which may or may not arise out of the same act or transaction, each of the petitioner is required to pay..........
Civil Procedure Code, 1908, Order 7, Rule 1(e) -- Cause of action - Grant of relief - Held, cause of action of a suit is the bundle of facts which are required to be proved by plaintiff in order to get relief claimed in the suit - All the essential facts that are required to be proved jointly constitute cause of action...........
Civil Procedure Code, 1908, Section 20 -- Exclusion of jurisdiction of Civil Court - Agreement as to - Enforceability of - Cause of action for filing suit arises not only within the jurisdiction of this Court but also within jurisdiction of New Delhi - Held, if both parties agreed that out of the two Courts which had jurisdiction to entertain the dispute one will be..........
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Injunction - Earlier also a similar suit was filed - Earlier suit was dismissed as withdrawn as defendant in the written statement stated that he will not interfere and would not raise any construction over the suit land - Plea that present suit is barred U.O.2.R.2, O.23.R.1 &..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque presented at `Delhi' and dishonoured - Notice issued from `Delhi' - Entire cause of action relating to alleged offence arose within territorial jurisdiction of Court at `Ludhiana' - Held, Court at `Delhi' has no jurisdiction when all the acts constituting ingredients of offence..........
Consumer Protection Act, 1986, Section 2(1) -- Limitation - Cause of action arose to the complainant - appellant in the month of August, 2004 and complaint instituted on 15.12.2007 before the District Forum - The same rightly held to be barred by limitation by the District Forum - The appellant has not been able to bring any evidence on record to prove that there is..........
Consumer Protection Act, 1986, Section 24A -- Complaint - Limitation - Continuing cause of action - Airlines - Loss of baggage - Matter arisen from an incident of 17.7.1997 - Protracted correspondence between the appellant and respondents/OP starting with his letter 14.12.1998 and their reply of 27.4.1999 - Respondent paid for loss of baggage in September, 1999 and towards..........
