Consumer Protection Act, 1986, Section 11(2), Contract Act, 1872, Section 230 -- Air carriage - Agent - Territorial jurisdiction - Appellant were and are only the General Sales Agents of Gulf Air - In that capacity appellant selling, regulating and monitoring cargo bookings for Gulf Air within India and had no role to play either in regard to the delivery of the same - Not..........
State Financial Corporations Act, 1951, Section 32G -- Notice for recovery of amount due as arrears of land revenue - Quashing of notice - Barred by limitation - There is no reference either in S.32G of the Act or any other section to the provisions of Limitation Act, which implies the intention of the Legislature to exclude the application of Limitation Act - Quashing of..........
Foreign Exchange Management Act, 1999, Section 49(3), 49(4), Foreign Exchange Regulation Act, 1973, Section 50 -- Violation of provisions of Customs Act - Notice issued - Penalties imposed - Appeal against - Dispensation of condition of pre-deposit of penalty amount - Prayer rejected - When stay of pre-condition is to be granted then interest of revenue is to be..........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Dispense with - Defendants No.1 to 3 Govt. Officers and defendant No.4 is a contractor against whom allegation is that he was trying to forcibly evict plaintiff from suit properties and construct a road thereon - In view of such urgency, explanation that there was no time to serve notice on State Officials, held,..........
Civil Procedure Code, 1908, Section 80 -- Notice - Dispense with - Declined - Only option to Court is to return plaint for no, compliance of S.80 CPC - Return of plaint for presentation after compliance of mandatory provision does not amount to disposal of suit - Cannot be said to be a case decided to attract S.115 CPC - Writ application is maintainable against order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent through courier - Notice received back with endorsement of `Refusal' - There is presumption of service...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Notice sent under certificate of posting at correct address - Notice not received back - There is presumption of service of notice...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Can be appointed exparte even before defendant has entered appearance - Notice to parties is compulsory only before investigation is done by Commissioner...........
Natural justice -- Notice - Service of summon - Not given to Bank against whom relief claimed - Notice sent to persons who was manager of the Bank at the time of occurrence and subsequently transferred to other place - Bank to be given opportunity to present its case before District Forum - Complaint remanded back to District Forum...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issue of process - If complainant makes prima facie averments in complaint such as : (a) Drawing of a cheque in favour of the complainant and the cheque having been signed with a specific amount; (b) Dishonour of cheque and intimation thereto by the concerned bank in writing; (c) Issuance of demand..........
