Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction - Power of Tribunal/Magistrate - Tribunal/Magistrate has power to order eviction of transferee while considering application u/s 23(2) of the Act - However, power to order eviction by Tribunal can be resorted to only after notice to transferee and consideration of his claim if any...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of five cheques - Single complaint - Cheques were issued by husband and wife for same cause of action and a common notice was issued against accused - Single complaint is maintainable for all dishonoured cheques...........
Rent and Eviction -- Demolition notice of Municipal Council - Court in eviction proceedings u/s 16(1)(k) of Maharashtra Rent Control Act has very limited role in determining as to whether demolition is really necessary or not - But it does not automatically follow therefrom that Court would mechanically adopt the view of municipal authority of there being urgent need of..........
Notice -- Provision of law not stated - Omission to label a notice with provision under which it is issued would not make it nugatory, if substance thereof is clearly conveyed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Plea of non receipt of notice u/s 138 of the Act - It would be for appellate Court to decide such plea on the basis of evidence available on record - There is no requirement for appellate Court to have exercised power u/s 391 Cr.P.C. for summoning the official..........
Negotiable Instruments Act, 1881, Section 138, Information Technology Act, 2000, Section 4 -- Dishonour of cheque - Notice sent through email or whatsapp - Notice mentioned in S.138 of N.I. Act will also include email or WhatsApp if the same remains available for subsequent reference...........
Negotiable Instruments Act, 1881, Section 138, Information Technology Act, 2000, Section 4 -- Dishonour of cheque - Notice sent through email or whatsapp - Notice mentioned in S.138 of N.I. Act will also include email or WhatsApp if the same remains available for subsequent reference...........
Negotiable Instruments Act, 1881, Section 138, Information Technology Act, 2000, Section 13 -- Dishonour of cheque - Notice sent through email or whatsapp shall be deemed to be dispatched and served on the same date, if it fulfill the requirements of S.13 of I.T Act...........
Negotiable Instruments Act, 1881, Section 138, Information Technology Act, 2000, Section 13 -- Dishonour of cheque - Notice sent through email or whatsapp shall be deemed to be dispatched and served on the same date, if it fulfill the requirements of S.13 of I.T Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Date of service of notice - No legal requirement to mention date of service of notice upon drawer of cheque in the complaint...........
