Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - Complainant failed to establish as to when cheque in question was issued by accused - Accused itself had intimated fact of loss or theft of her signed cheques/cheque book to manager of bank, by issuing a letter - Accused had also given intimation to manager..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Publication of proclamation was effected on 15.12.2018 - Mandatory period of 30 days had not elapsed on 21.12.2018 - Case was adjourned solely for the said reason to 18.1.2019 when order in question was issued - Order passed u/s 82(1) Cr.P.C is in violation of statutory procedure prescribed under Cr.P.C, as period..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of lease - On determination of lease by efflux of time, no further termination of tenancy by issuing a statutory notice to bring termination of a lease already terminated is necessary...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 18 -- Eviction petition - Sanctioned/approved plan - There is no statutory requirement to have sanctioned/approved plan to seek eviction on ground of rebuilding and reconstruction as provided under the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Merely suggesting to complainant that cheque was given as security is not sufficient to rebut statutory presumption which is in favour of complainant...........
Evidence Act, 1872, Section 107, 108, Registration of Births and Deaths Act, 1969, Section 15 -- Civil death - Declaration of civil death can only be made by a competent civil Court and not by a statutory authority under provisions of Registration of Births and Deaths Act...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Demand of additional electricity consumption charges in view of audit objection - Suit for declaration that audit objection is invalid and consequential injunction restraining defendants from claiming additional electricity consumption charges - As there is no alternative remedy of filing statutory..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of six months statutory period - Parties lived together only for three months and after which they have separated on account of irreparable differences - Parties are living apart for more than eleven years - Marriage has irretrievably broken down - No useful purpose would be served in keeping..........
Industrial Disputes Act, 1947, Section 25F -- Termination from service - Appointment of petitioner was not on `contract' basis - Terms of appointment stipulated that service of petitioner could be dispensed with any point of time, particularly on completion of work, however, that does not absolve employer from compliance with statutory provisions as contained in S.25 of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Four opportunities were granted to defendants to file their written statement, however, they failed to do so - If defendants are not granted one opportunity to file their written statement, they would suffer irreparable loss which in turn would..........
