Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife had been duly served with summons in divorce petition - There is no irregularity in service of summons - Wife had handed over the copy of divorce petition to her advocate which leads to conclusion that she had notice of date of hearing and had sufficient time to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appellants not appeared before trial Court even after service through Registered AD - Registered AD notice was personally sent to appellant no.1 which was personally served on him - Registered notice sent to appellant No.2 bears the signature of one `S' but no document submitted that `S' as..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for specific performance - No explanation as to why plaintiffs remained silent for a period of 12 years from the date on which the complete balance sale consideration was paid by plaintiffs till the date on which the legal notice was issued to defendants - There is no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Incorrect cheque number mentioned in the notice - Mention of wrong cheque number in notice does not attract provision of S.138 of the Act - Complaint not maintainable - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of amount lesser than the cheque amount - Statutory notice is defective and will not give rise to cause of action u/s 138 of the Act, in strict sense - However, taking note of fact that it is not a single cheque but two cheques of different dates for different amounts, enforceable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Extension of time for completing investigation - Conditions to be satisfied are, viz. (i) that there is a report of Public Prosecutor; (ii) that report of Public Prosecutor indicates progress of investigation; (iii) that report should specify compelling reasons for seeking detention of accused beyond..........
Rent & Eviction -- Deposit of rent in Court - Permissible only till landlord refuses to accept rent - Once landlord expresses his willingness to accept rent by serving notice, tenant has no option but to deposit rent to landlord. (Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, S.30)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - When there is no demand in notice for amount covered by bounced cheque, notice is not valid notice...........
Criminal Procedure Code, 1973, Section 468, Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Limitation - Complaint u/s 12 of the Act - When only notice was issued on complaint preferred u/s 12 of PWDV Act seeking their response and no cognizance order was passed, limitation u/s 468 Cr.P.C cannot come into picture and will not be applicable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional demand - When there is specific demand in respect of cheque amount then notice is not vitiated merely because additional claim incidental is made in the form of expenses incurred for clearance and charges...........
