Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Suit restored subject to payment of costs - Non payment of costs - Consequently application for restoration stood dismissed - Dismissal of restoration application was only for non payment of costs - Court could have granted extension of time for payment of cost - Suit restored subject..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction order - Tenant undertakes that he shall vacate and handover peaceful vacant possession of tenanted premises to landlord - Tenant further undertakes that he shall pay a sum of Rs.35000/-p.m with effect as use and occupation charges to landlord till time he hands over peaceful vacant possession of tenanted premises..........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Interim compensation - Extension of time to pay - In facts of each case, period of depositing the amount can always be extended as the purpose in making amendment is essentially to grant relief to the aggrieved party by immediate compensation of payment of 20% of the total value of cheque -..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Flight of respondents missed because they have not reached at boarding gate in time - Respondents were treated as `Gate No Show' - Mere fact that respondents were not accommodated in next flight without payment of airfare, per se cannot be regarded as deficiency in service in relation to contract..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money - Defendant borrowed Rs.17 lakhs from plaintiff and issued a cheque for repayment of same - He admitted that cheque was issued by him for Rs.17 lakhs - Cheque was presented by plaintiff for encashment and was returned with an endorsement that defendant has issued `stop payment' instruction - On..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of three cheques - Cheques issued towards payment of supply of yarn to accused - All the cheques dishonoured even on repeated presentation - After presentation of cheques in first time complainant sent a letter informing accused about dishonour and requesting him to settle the amount - Said letter was marked by..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of three cartridges - No fire arm or weapon recovered from petitioner nor had she extended any threat to any person of police official - Petitioner was not aware of being in alleged conscious and knowledgeable possession of cartridges in her baggage, especially when her..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Motor Accidents Claims Tribunal is not a financial adviser or chartered accountant to advice a person on how one's money deserves to be spent even if spending spree is profligate - Due to this uncaring and irresponsible order passed by Tribunal, petitioner has to approach High Court at much time and expense..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Prosecution u/s 138 of the Act is founded upon following four seminal ingredients: (i) Existence of a legally enforceable debt; issuance of cheque towards discharge of debt; (iii) dishonour of cheque and (iv) failure to make payment after receipt of statutory demand notice...........
Motor Vehicles Act, 1988, Section 171 -- Accident - Compensation - Insured failed to discharge his primary obligation that he had given his vehicle for driving to a person who was duly licensed on the date of occurrence - Therefore, insurance company shall have right of recovery against insured after payment of compensation...........
