Negotiable Instruments Act, 1881, Section 138 -- `Cheque reported stolen' - Cheque dishonoured with this endorsement - It shows intention of drawer that he wanted to stop payment - Offence u/s 138 is made out - Merely because drawer issued a notice to the drawee or to the Bank for stoppage of payment, it will not preclude an action under Section 138 by the drawee or the..........
Limitation Act, 1963, Article 55, 18, Civil Procedure Code, 1908, Section 80 -- Works contract - Suit for recovery of sum - Liability of State to pay balance amount for work done by contractor arises only when contractor has competed work and authority, thereupon, records final measurements of work and prepares final bill for acceptance by contractor - It amounts to..........
Civil Procedure Code, 1908, Order 33, Rule 6 -- Notice to defendant and Government Pleader - Is necessary before plaintiff is declared pauper...........
Civil Procedure Code, 1908, Order 33, Rule 6 -- Pauper - Court declaring plaintiff as pauper - Notice to defendant not given - Order set aside - Question to be decided after giving notice to defendant - If plaintiff found to be pauper, proceedings so far held will hold good - If not found pauper opportunity to pay Court fee be given and in that even if court fee paid,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of cognizance sought on the ground that no notice was served - Materials available not sufficient to prove the plea - In absence of evidence, it is difficult to take a decision as to whether the petitioner avoided to receive the notice or not, or as to whether the complaint has been filed..........
Transfer of Property Act, 1882, Section 106 -- Notice - Construction - Notice not to be construed in a hair-split manner so as to find out loop-holes in such notice - Inconsequential mistakes in notice not to be found out - From the notice it must be apparent that the landlord wants to terminate the tenancy and the minimum period of such notice has been complied with...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question relating to waiver of notice raised for the first time in second appeal - To be ignored...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Non mention in complaint that notice has been served - Complaint not maintainable...........
Electricity -- Disconnection - Under the agreement entered into between the parties Board was empowered to disconnect electric supply without notice when metering installation tampered with - But no opinion under the agreement was formed by the Board as such disconnection could not be made without notice - Board is to decide regarding disconnection and claim for unmetered..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 39, Rule 3 -- Temporary mandatory injunction - Without notice to the other party - Can be granted in appropriate cases i.e. where mandatory injunction if not granted will cause grave injustice...........
