Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47, 48 -- Bail - Notice u/s 48 BNSS sent by whatsapp messages - But, there is no proof of service available - In absence of actual service, it cannot be held that there was due compliance with the provision of S.48 BNSS - Arrest of petitioners is rendered illegal - Bail granted...........
Transfer of Property Act, 1882, Section 106 -- Eviction suit - Plaintiff is owner of premises and defendant was permitted to use the same - Cheque issued towards rent demonstrates that one cheque was dishonoured and that rent for a period of 44 months remained unpaid, which led to issuance of legal notice - Legal notice issued to defendant reflects that rent was not paid..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Issuance of notice in writing in correct address of accused is requirement of law - Serving of notice is not the requirement of law...........
Negotiable Instruments Act, 1881, Section 138(b), 142 -- Dishonour of cheque - Computation of period of limitation for filing complaint - Date of issuance of notice as well as date of service of notice or deemed service of notice to be discernible from postal receipt and acknowledgement card and in its absence any other document or documents issued by concerned postal..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Violation of decree of injunction - Executing Court passed the detention order without issuing notice or affording any opportunity of hearing to JD - Such an order which entails deprivation of personal liberty is in clear violation of principles of natural justice - Failure to follow..........
Public road -- Construction of religious structure - Removal of encroachment - A road or a street does not have any religious character - Irrespective of nature of superstructure, whether it is religious or irreligious, in case it is an encroachment on a street or a public place or on a land vested to or belonging to a local body, Commissioner is statutorily required to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Court never fixed case for filing written statement and no opportunity was granted to defendant to file written statement nor right to file written statement was closed by Court prior to case proceeded ex parte - Even if defendant or..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Service of summons - Defendant not present at the spot - Defendant proceeded ex parte on the basis of affixation of summons and copy of plaint at the door of defendant's house - A duty is cast upon Court to get parties personally served and in case a litigant does not meet at the spot,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - If ex-parte decree is passed on the basis of `refusal of notice' trial Court is duty bound to examine process server...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proof of service of summons is essential condition for proceeding ex-parte against concerned defendant - It was incumbent on part of trial Court to examine Process Server and witnesses of refused notice/summon on oath...........
