Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Demand notice - Presumption - Courts below failed to consider that there is no evidence on record to show that legal notice sent under registered post was ever served upon accused - Presumption regarding service of demand notice sent even through registered cover can be drawn only upon expiry of 30 days..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Plea of constructive notice raised with a view to sustain plea of limitation cannot be accepted at the stage of dealing with an application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Where a party who never had any notice of a particular proceeding before a quasi judicial authority, is entitled to approach Court upon gaining knowledge of proceedings - Limitation cannot be put against such a party - Since, plaintiffs asserts clearly that notices were never..........
Civil Procedure Code, 1908, Section 148A -- Caveat - S.148-A CPC provides for an opportunity of hearing to any person claiming such right to defend himself before passing of any order from which he might be affected and to ensure it where person files caveat, Court has to serve a notice of application on caveator, which is a duty cast upon Court...........
Civil Procedure Code, 1908, Section 148A(4) -- Caveat - S.148-A(4) CPC casts a duty on the applicant, who has been served with a notice of caveat, to forthwith furnish copy of application with complete documents filed in support of application to the caveator...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/ss 118, 139 of the Act - Complainant successfully proved by leading cogent and convincing evidence that he advanced Rs.1.50 lakhs to accused - Cheque issued by accused in discharge of its lawful liability - Presumption u/ss 118, 139 of the Act raises against accused, but no..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - When delivery of possession was effected in furtherance of sale deed, it would amount to notice to all concerned...........
Stamp Act, 1899, Section 33 -- Deficient stamp duty - Order for demand - Show cause notice not issued to petitioner to explain with regard to undervaluation of property - Order for demand is required to be proceeded by appropriate reasons - Until and unless an explanation is sought for from petitioner by respondent making demand straightaway without hearing him, is..........
Rent and Eviction -- Demolition of building - Non-serving of notice u/s 462 of Karnataka Municipal Corporations Act - S.322 of Karnataka Municipal Corporations Act empowers Commissioner for immediate evacuation of property and any person disobeying such orders was to be removed by any Police Officer - Time for complying with the order does not arise in the case of a..........
Rent and Eviction -- Demolition of building - Without giving three days prior notice - Notice was served upon tenant on 6.1.1995 and building was demolished on 9.1.1995 - Clear three days notice thus, not served upon tenant - More so, it is not a case where there was any sudden development leading to demolition of building but order of demolition was a considerate action..........
