Electricity Act, 2003, Section 56 -- Disconnection of electricity supply due to non payment of electricity consumption charges - Recovery of dues - S.56(2) of the Act provides a period of two years for recovery of dues from the date it became `first due' - Petitioner was under billed due to clerical mistake - Held, limitation period will commence on the revised bill amount..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 19, 24, 27 -- Offence u/ss 19, 24 & 27 NDPS Act - Investigation not completed within 180 days as provided u/s 36A(4) of the Act - Extension of detention - Can go upto one year on fulfilling the conditions viz. (i) a report of the public prosecutor; (2) which indicates the progress of the investigation..........
Motor Vehicles Act, 1988, Section 196 -- Offending vehicle not insured at the time of accident - Police failed to prosecute the owner and driver of the uninsured offending vehicle u/s 196 of the Act - Notice issued to the investigating officer to explain why the owner and the driver not prosecuted u/s 196 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Cause of action - Complainant had already issued notice to petitioner on 04.07.2001 which was received by petitioner - Complaint filed on basis of subsequent notice allegedly issued on 31.07.2001 - Held, right to complainant was available to present cheque any number of times during..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of payment within 8 days - Law does not prescribe any period within which payment has to be made - Held, mentioning a period lesser than 15 days in the notice of demand does not affect the complainant's right to launch prosecution if the complainant has waited for 15 days and then..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - It is not necessary to mention any period in the notice within which the payment of cheque is necessary...........
Consumer Protection Act, 1986, Section 24A -- Insurance claim - Discharge voucher - Full and final payment - Complaint - Limitation - Payment of insurance claim for Rs. 73,000/ - made on 6.5.1996 - The complaint to be filed within two years from that date and not from the date the insurance company responded to the legal notice dated 17.3.1997 - There was no application..........
Civil Procedure Code, 1908, Section 80 -- Notice - It is mandatory to issue prior notice to file a suit against any holder of a public office in his official capacity...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount paid before filing of complaint - Plea that payment not made within the stipulated period in notice - Legal liability ceased to exist - No useful purpose would be served in allowing the compliant to proceed any further - Complaint quashed...........
Haryana Municipal Corporation Act, 1994, Section 240 -- Handcart on municipal land - Licence not renewed - Municipal Corporation is competent to remove the same without issuance of any notice - Relief of permanent injunction rightly declined...........
