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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Except for one or two occasions, no absence of complainant was recorded - Complainant was out of India and said fact was not brought to notice of trial Court - Due opportunity is required to be given to parties to adduce..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant was paid more than 85% of agreed amount of consideration - He did not return the same to plaintiff nor expressed willingness to refund the same in his notice - Defendant has enjoyed 85% of consideration and also retained possession of plot for the last 12 long years - Readiness and..........
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, 142 -- Dishonour of cheque - Complaint filed beyond the period of one month from the date of receipt of notice - Magistrate could not have taken cognizance of offence in view of provision contained in S.142(1)(a), (b) of the Act - Conviction set aside...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction - Power of Tribunal/Magistrate - Tribunal/Magistrate has power to order eviction of transferee while considering application u/s 23(2) of the Act - However, power to order eviction by Tribunal can be resorted to only after notice to transferee and consideration of his claim if any...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of five cheques - Single complaint - Cheques were issued by husband and wife for same cause of action and a common notice was issued against accused - Single complaint is maintainable for all dishonoured cheques...........
Rent and Eviction -- Demolition notice of Municipal Council - Court in eviction proceedings u/s 16(1)(k) of Maharashtra Rent Control Act has very limited role in determining as to whether demolition is really necessary or not - But it does not automatically follow therefrom that Court would mechanically adopt the view of municipal authority of there being urgent need of..........
