Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - Application for leave to defend filed on 10th day at 6.00 pm beyond Court hours - Trial Court endorsed the receipt of such application though filed beyond the Court hours but dismissed the application - Once application was accepted, delay of one day, if any while computing the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 243 -- Dishonour of cheque - Complaint u/s 138 of the Act - Application filed by accused for sending cheques and acknowledgement receipt for FSL examination - Once document is referred to FSL or CFSL, it normally takes four to five years in obtaining report - Since, complaint is pending since 2013,..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Compensation amount should be deposited in treasury as per standing orders only when (i) landowner does not receive the same when award is passed; or (ii) when land owner does not turn up despite notice for receipt of amount;..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - Clause in agreement that landlord is entitled to terminate tenancy in case there is breach of terms of agreement or in case of non payment of rent for three consecutive months and tenant fails to remedy the same within a period of thirty days of the receipt of notice - Held, said clause is clearly..........
IRDA -- Guidelines - Latest instructions issued by IRDA in Sept., 2011 to all Insurance Companies, no such objection was to be raised by companies in respect of receipt of late information in claims which otherwise legally maintainable...........
Agreement to sell -- Specific performance - Endorsements for extension of date of registration of sale deed - Execution of agreement to sell and receipt of earnest money not disputed by defendant - Defendant received further money and executed endorsements for extension of date of registration of sale deed - Said endorsements are duly established from the statements of PW4..........
Insurance -- Repudiation of claim - Duration clause - Insurer appointed a surveyor on receipt of belated claim - Letter of repudiation does not whisper a single word with regard to delay or in fact does not refer at all to duration clause - It is only stated in the letter of repudiation that claim lodged by complainant does not fall under the purview of transit loss -..........
Work contract -- Invocation of arbitration clause - Appellant vide its letters informed NTPC to look into the disputes as raised by appellant - These letters were admittedly received by NTPC - However, nothing was done with respect to request made by appellant within 30 days of receipt of communication - Invocation of arbitration by appellant was perfectly valid and in..........
Negotiable Instruments Act, 1881, Section 118(a) -- Pronote - Presumption - Suit for recovery - In the instant case, plaintiff is involved in money lending business without obtaining any licence under Money Lender`s Act and defendant admits his signature on pronote and receipt but with a rider that signatures were obtained on blank paper in fiduciary relationship -..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of plaintiff - Plaintiff brought original pass book and receipt of deposit of amount in Court - Mere fact that copy of pass book was not placed on record cannot lead to any presumption against plaintiff with respect to his lack of financial capacity - Moreover, defendant not rebutted..........
