Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30(2), Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Deposit of rent in Court - Tenant on the date when application U.O.9.R.13 CPC was filed, not deposited total amount of rent due u/s 30(2) of UP Act - Deposit of rent u/s 30(2) of 1972 Act cannot be treated to..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30(2), 2, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Deposit of rent in Court - Landlord claimed exemption of operation of 1972 Act - When S.30 of 1972 Act itself is not applicable to building, deposit of rent claimed to be made under the Act is wholly..........
Civil Procedure Code, 1908, Order 15A -- Striking off defence - Non-payment of arrears of rent - Suit property has been purchased by deceased husband of plaintiff - Said fact is not denied by defendant - Plaintiff produced Will on record showing her husband leaves his residual properties in her favour - Defendant is admittedly attesting witness to said Will - Execution of..........
Insolvency and Bankruptcy Code, 2016, Section 7, 33 -- Corporate Insolvency Resolution process - Liquidation of Corporate debtor - Appellant despite passage of almost five months has not been able to deposit an amount of Rs.50 crores in terms of understanding arrived at with CoC - Appellants thus, failed to abide by its obligations - Time is a crucial facet of scheme under..........
Agreement to sell -- Specific performance - Balance sale consideration remained with plaintiff throughout - Decree of specific performance modified to the extent that plaintiff shall be liable to pay balance sale consideration alongwith interest @ 9% from the date the amount as per agreement became payable till the date of its deposit before Executing Court, as per the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint termed as one for declaration and mandatory injunction - However, relief sought is for recovery of excess amount - By merely suitably wording plaint and making prayers for declaration and mandatory injunction with consequential relief would not change nature of substantial..........
Specific Relief Act, 1963, Section 28 -- Extension of time - Decree for specific performance - There was no time stipulation for DH to deposit amount of balance consideration under decree - S.28 of the Act has no application...........
Specific Relief Act, 1963, Section 28 -- Extension of time - Decree for specific performance - JD was directed to obtain Non-Agriculture permission from concerned authority within a period of 2 months and then execute sale deed of suit land in favour of DH - Said term indicates that DH was not directed to deposit amount of balance consideration within a time frame - It was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complaint dismissed by Magistrate by invoking S.256 Cr.P.C and not on merits - One more opportunity is thus, given to complainant to proceed with the case - Order of dismissal of complaint set..........
Bank locker -- Banks cannot wash off their hands and claim that they bear no liability towards their customers for the operation of the locker - Banks should not have liberty to impose unilateral and unfair terms on the consumers - RBI to lay down comprehensive directions mandating the steps to be taken by Banks with respect to locker facility/safe deposit facility..........
