Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Education - Admission - Refund of fees - OP-petitioner made an advertisement for various courses for admission and refund of fee if failed - OP-Petitioner situate at Dehradun, its institute takes admission and imparts education at Dehradun, fees deposited by complainant at Dehradun - Complaint filed..........
Panjab University Act, 1947, Section 21 -- Regulations of Panjab University, Regulation 10.2 - Appeal - Competency to file by Registrar - Plea that Registrar of the University was not competent to file the appeal without any specific resolution having been passed by the Senate - Held that if the action of the Registrar of filing the appeal is ratified even though the said..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Suit to be instituted in a Court within the local limits of whose jurisdiction the defendant at the time of commencement of the suit resides or carries on business - A corporation shall be deemed to carry on business at its sole or principal office in India or in respect of any cause of action arising at any place..........
Transfer of Property Act, 1882, Section 106, Limitation Act, 1963, Section 27 -- Tenancy - Termination - If earlier notice is not legal and valid then subsequent suit on basis of another termination notice is not barred - When cause of action for filing second suit is totally different then second suit is not barred by limitation...........
Transfer of Property Act, 1882, Section 106 -- Tenancy - Termination - Suit for possession filed by landlord dismissed - Appeal also dismissed - During pendency of writ petition thereagainst landlord filed second suit on altogether a different cause of action - Held, there is no bar for institution second suit on fresh and different cause of action...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued - Drawer sought some time to make the payment - On request of drawer cheque again presented - Cheque again dishonoured - Notice issued and on failure to make the payment complaint filed - Cause of action accrues only once - Complaint on the basis of dishonour of cheque for the second time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Has to be given within 15 days of receipt of information from bank - If no notice is given within 15 days, no cause of action arises to file complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque can be presented any number of times within its validity but it will not give fresh cause of action every time - Cause of action accrues only when notice is given and drawer fails to make the payment - Cause of action arises only once...........
Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment - Title of plaintiff denied in written statement - Defendant setting up plea of his title - Amendment sought to take plea of possession - In fact this plea is by way of counter claim - Question of limitation for entertaining counter claim does not..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action - It is a bundle of facts which taken with the law applicable gives plaintiff a right to relief against defendant - It must include some act done by the defendant since in the absence of such an act no cause of action can possibly accrue - It is not limited to the actual infringement of the right sued on but..........
