Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Cheque was presented at the IDBI Bank at Indore - Original drawee bank would be bank at Chandigarh on which the cheque was drawn - Held, complainant has no ground to file complaint at Indore - Complaint may be returned to complainant for presentation before Court of..........
Consumer Protection Act, 1986, Section 15, 21(b) -- Appeal - Limitation - Condonation of delay - Delay of more than 10 months in filing appeal before the State Commission and delay of more than one year in filing revision - No cogent and sufficient ground has been mentioned seeking condonation of delay, except for bald assertion that discussions were going on between the..........
Consumer Protection Act, 1986, Section 15, 21(b) -- Appeal - Limitation - Condonation of delay - Delay of 289 in filing appeal before the State Commission - Plea that the petitioner being a patient of slipped disc could not file the appeal within prescribed period - Medical reports pertain to the year 2003 - There is nothing on record to show that either in 2008 or even in..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Liberty to file fresh suit - Application for amendment of suit dismissed on the ground that proposed amendment would completely change the nature of suit - Prayer to withdraw suit with liberty to file a comprehensive suit rejected by trial Court - Legality of - Held, having disallowed petitioner to claim..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Section , Order 30, Rule 4(2) -- Restoration of suit dismissed in default - When suit is dismissed in default in ignorance of death of plaintiff, legal representatives of plaintiff can file restoration application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Construction raised despite order of status quo - Ordered to be demolished - Third party claiming it to be his construction and raising plea that order of demolition is passed without hearing him - In the mean time petitioner filed application for impleadment as a party - Held, in case petitioner is allowed to be impleaded..........
Civil Procedure Code, 1908, Section 152, 153, Order 47, Rule 1 -- A point urged but Court did not deal with the same - Party to file an application immediately either for review or any other application to bring this on record before the trial Court - Having not done so, the matter cannot be allowed to be raised before appellate Court...........
Letter Patent (Cal.) -- Grant of leave - Jurisdiction - Held, an appeal against an order u/Clause 12 of the Letters Patent refusing leave u/Clause 12 to file an application is maintainable - If the cause of action arises in part only within Ordinary Original Civil Jurisdiction of the High Court then an application under the Arbitration Act can be filed in the High Court..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Gram Panchayat filed eviction petition against respondent alleging that respondent was in unauthorised possession of village land - Authorities below adjourned case since die making observation that Panchayat cannot file application u/s 7 of the Act without getting question of title decided - Civil Court..........
Punjab Land Revenue Rules, 1909 -- Appointment of Lambardar - Petitioner, a matriculate, and aged 35 years appointed Lambardar in preference to respondent against whom Criminal proceedings were pending - A private complaint also pending against petitioner - Order of Collector set aside in appeal by Commissioner and in revision by F.C. on ground that District Magistrate..........
