Consumer Protection Act, 1986, Section 2(1)(g), 21(a)(i) -- Cold storage - Insurance claim - Repudiation - Compensation - Policy to cover the risk to 40,000 quintal of potatoes - Compressor of the cold storage got damaged because of fluctuation in power supply - Information given to the OP and it failed to promptly depute their Surveyor to visit the cold storage - The..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Putting date on cheque - Whether a material alteration? - Held, generally, any material alteration of a negotiable instrument renders document void as against anyone who is a party thereto, at the time of making alteration and does not consent thereto, unless it is made in order to carry out common..........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quite notice - Found invalid - Service of summons of the suit for eviction of tenant showing categorical intention of the landlord asking tenant to vacate the tenanted premises can be taken as notice - Starting date for calculation of mesne profits in both the eventualities will be..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summons case or warrant case - Proviso to S.143 enables trial Magistrate if he considers the case punishable with sentence of imprisonment for a term exceeding one year, Magistrate may proceed to examine/recall witnesses and hear the case accordingly, either by following the procedure for summons..........
Rent & Eviction -- Eviction order - Tenant liable to pay mesne profits for use and occupation of the premises from the date of decree of eviction - Mesne profits is payable at the same rate at which landlord would have been able to let out the premises on being vacated by the tenant - While determining the quantum of amount so receivable by landlord, the landlord is not..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - First production before Magistrate - Held, nowhere u/s 167(2), Cr.P.C. prescribes date of arrest as reckoning period for commencing period of 90 days - It is only from date of first production before Magistrate that has to be accounted for qualifying for what is called as default bail...........
Negotiable Instruments Act, 1881, Section 138,87 -- Dishonour of cheque - Material alterations - Alteration of date of cheque - No endorsement or signature thereon of the drawer of cheque - Alteration of date of cheque is material alteration and without any evidence as to how the said alterations were made, makes the cheque void - On the basis of void cheque accused..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Proviso - Specified landlord - Landlord serving in armed forces - Eviction petition filed - Death of landlord - LRs. brought on record - Right of LRs. to continue eviction proceedings - Held, Proviso to S.13-A clearly provides that in case of death of a landlord who was serving in armed forces of Govt...........
Criminal Procedure Code, 1973, Section 468 -- Period of limitation - Computation thereof - Relevant date - Held, limitation period specified u/s 468 of the Code for taking cognizance by Magistrate is to be read with reference to lodging of complaint or FIR and not the date when cognizance is taken...........
Evidence Act, 1872, Section 65, 66 -- Adverse possession - Plea of - Tenability - According to defendant No.1, he is not in possession of disputed property - He has sublet the property to defendant Nos.2 and 3 - Defendant Nos.2 and 3 have never contested the suit - They have not appeared in witness box to support case of defendant No.1 - No document of tenancy under..........
