Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice - Legal notice was sent on 19.12.2018, therefore, for want of any specific averment and proof of service, if the presumption of service of notice in reasonable time is raised, it should be deemed to have been served at best within a period of 30 days, from the date of its post i.e...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice through WhatsApp u/s 138 of the Act will be deemed to be served as per the procedure of S.13 of I.T. Act and no separate rule for prescribing the delivery of service is required...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice through WhatsApp u/s 138 of the Act will be deemed to be served as per the procedure of S.13 of I.T. Act and no separate rule for prescribing the delivery of service is required...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice was served on tenant terminating tenancy - Suit for eviction filed almost after another two years, thus more than sufficient time had been given to defendant so as to vacate premises - Findings of Courts below on issue relating to validity of notice regarding termination of tenancy..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 12 -- Ex parte judgment - Setting aside - Proceedings u/s 12 of Hindu Marriage Act - Wife was not duly served with notice and procedure adopted for directing substituted service being vitiated, therefore, ex parte judgment set aside - Matter remanded back to Family Court for decision afresh ...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not only served the notice of civil suit but he participated till closure of evidence of both the parties - At the time of final argument `No instructions' was pleaded - No sufficient ground was shown for non-production of evidence despite six opportunities to defendant -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not only served the notice of civil suit but he participated till closure of evidence of both the parties - At the time of final argument `No instructions' was pleaded - No sufficient ground was shown for non-production of evidence despite six opportunities to defendant -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36 -- Contraband - Commercial quantity - Expeditious disposal of case - Directions issued: (i) Police report filed before Trial Court shall carry the details of officer heading the prosecuting agency; (ii) Head of prosecuting agency shall be responsible for supervising the progress of trial; (iii) on the day..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons - Notice served on defendant by substituted service in local newspaper which is less in circulation in the locality - Service of notice not acceptable - Defendant has shown sufficient cause to set aside ex parte decree Ex parte..........
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...........
