Agreement to sell -- Suit for specific performance - Limitation - Notice by plaintiff to execute sale deed - Refusal by defendant - Suit filed within three years of such refusal - No evidence led by defendant to show that there was refusal on his part earlier also - No such refusal could be made by him as plaintiff had performed his part of contract and defendant was put..........
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..........
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..........
Collusive decree -- Suit filed on 16.2.1995 and notice of suit ordered to be issued to defendant for 6.6.1995 - File taken up on 17.2.1995, written statement filed on that date and on the basis of admission in the written statement judgment and decree passed on 30.3.1995 - Defendant was kept ignorant of the proceedings of the suit - Decree challenged - Both the Courts held..........
Negotiable Instruments Act, 1881, Section 138, 27 -- Notice issued and complaint filed by Advocate on instructions given by Power of attorney holder of payee and not by payee himself - Not illegal...........
Civil Procedure Code, 1908 -- Mortgage suit - Preliminary decree passed - Amount to be paid in instalments - Default in payment of instalments - Limitation of three years for applying for final decree starts to run from the date of default in payment of any instalment - In the instant case D.H. issuing mandatory notice under Bengal Money Lenders Act and filed application..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Proclamation of sale - Notice - Served on J.Ds. - One of the J.D. filed counter but remained ex parte without participating in proceedings - Notice issued proper - Finalisation of proclamation proceedings in the absence of J.Ds. - Not illegal...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent at the address given by drawer himself - Notice received back with endorsement 'addressee not found' - Voters list produced by drawer by way of rebuttal evidence to prove that he was not residing at given address but elsewhere during relevant time - But neither the initials of the drawer nor the name of father..........
Land Acquisition Act, 1894, Section 6, Constitution of India, 1950, Article 226 -- Land acquisition - After the award is passed no writ petition can be filed challenging the acquisition notice or against any proceeding thereunder...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued - Cheque again presented and again dishonoured - Complaint filed - Held, complaint is barred by limitation - Cause of action can arise only once - As the cause of action first arose on failure to make payment when notice was issued for the first dishonour of cheque second dishonour and..........
