Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque - Can be presented any number of times within a period of six months from the date on which it is drawn or within the period of its validity, which ever is earlier - Cause of action arises only on issuance of notice and non payment within 15 days - When notice is issued and payment is not made offence stands..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Notice - Service of notice is essential to constitution the offence...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside ; Application late by 40 days -Advocate withdrew Vakalatnama without notice to the appellants - Delay held justified - Exparte decree set aside and matter remitted to the trial Court-Appeal allowed...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23 -- Order passed under O.21.R.23(2) operates as res judicata in all further proceedings - If notice under Order 21 Rule 22 is not given objection to executability can be raised at a later stage...........
Consumer Protection Act, 1986, Section 15, 17 -- Limitation - Appeal - Condonation of delay - Clear from record that a substituted service was duly effected upon the appellant who accepted the service of notice - Contention that appeal was within limitation from the date of knowledge rejected - Delay not condoned - Appeal liable to be dismissed on ground of limitation...........
Consumer Protection Act, 1986, Section 21 -- Housing - Purchase of flat - Agreement entered into - No progress in construction - Cancellation of agreement sought by notice - Refund demanded - Cheque paid as part payment - Dishonoured - Interest paid subsequently - Deficiency in completing construction - State Commission directed refund of amount with interest - Order..........
Consumer Protection Act, 1986, Section 2(1) -- Deficiency in service - Two minor complainants left the school of their own sometime in March, 1992 and they were issued school leaving certificates on the second of April, 1992 - Prospectus of the school describes the functioning of the school - Para 54 refers to the admissions when the parents are required to submit the form..........
Consumer Protection Act, 1986, Section 21(b) -- Electricity - Disconnection - Restoration - Quashing of bill - Deficiency in service - Contention that electricity bill which had been sent to the complainant by the Board it is printed in the bill that in case the payment of the amount was not made within a week of the last date of the payment, electricity connection will be..........
Consumer Protection Act, 1986, Section 2(1) -- Banking Service - Deficiency in service - Complainant submitted a cheque for Rs.13,122/- for realisation and credit of the amount in his account with the bank - Bank delayed clearance of the cheque by about 9 days and in the meantime, cheque issued by the complainant for a sum of Rs.22,836/- alongwith application for allotment..........
Consumer Protection Act, 1986, Section 20(a) -- Banking - Renewal of limit - Complainant applying for extension and enhancement of limit - Proposal pending - Death of partner - New partnership firm - Fresh proposal submitted - Bank not taking any decision for about 7 months - Branch Manager refusing to get documents executed - Complaint filed as Bank started debiting..........
