Civil Procedure Code, 1908, Order 37, Rule 1, Limitation Act, 1963, Article 113 -- Suit based upon bill of exchange payable by installments - Right to sue/cause of action would accrue/arise on each default by the payee of the bill of exchange and a fresh cause of action would accrue on each default unless the agreement of the parties pertaining to the bill of exchange..........
Limitation Act, 1963, Article 113 -- Suit based upon bill of exchange payable by installments - There is no provision in the Schedule of the Act - It is the residual Article i.e. Article 113 which will apply...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Supply of electricity - Supplementary bill - Quashing of - Validity - Plaintiff challenged supplementary bill by submitting that despite the fact that the meter was burnt, it was recording correct consumption - Plaintiff did not request respondent Board to send meter to Electrical Inspector for inspection -..........
Arbitration and Conciliation Act, 1996, Section 8, 34 -- Reference to arbitrator - Limitation - According to clause (xiv) of arbitration clause No.25, reference could be made within six months of receiving intimation regarding payment of final bill - Final payment of bill made on 30.06.2006 - Reference to arbitrator made on 05.12.2006 - Held, reference is, therefore,..........
Civil Procedure Code, 1908, Section 9, Electricity Act, 2003, Section 145 -- Electricity bill dispute - Jurisdiction of civil Court - Suit challenging electricity bill and disconnection of electricity - Held, suit of plaintiff was itself not maintainable as there was an express bar and, therefore, the matter was liable to be dismissed in view of S.9 Code of Civil..........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20,29 -- Charas - Recovery of 900 grams from a Dhaba - Ownership of Dhaba - Not proved - No licence issued by licensing authority or electric bill produced - Merely to say that Dhaba was leased out to accused is not sufficient - Persons sitting at the counter, at the time of raid, cannot be made liable for the..........
Negotiable Instruments Act, 1881, Section 114, 115, 116, Criminal Procedure Code, 1973, Section 181(4) -- Bill of exchange - Non payment - Territorial jurisdiction - Bill of exchange issued - Payment of bill of exchange not made dishonestly - Held, Court where holder of bill of exchange was residing has jurisdiction to hold trial of complaint u/s 181(4) of Cr.P.C...........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Misbranding - Soda water - Purchased in sealed boxes and further sold in sealed boxes - Soda water purchased against bill - It is manufacturer and not distributor who can be prosecuted - Prosecution against distributor quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - There were business transactions between complainant and accused and some amount was due from accused to complainant - There were so many transactions between parties - Complainant failed to produce relevant bill books and entries in account books - Held, opportunity has to be..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Locus standi - Complainant had placed himself in the position of the consignor with a deferred payment to be made by -'Dr. Z-' - He was fully qualified to be a consumer to file the complaint - Total reliance placed by the State Commission only on the incorporation of the name of -'Dr. V-' and -'SCT Institute-' on..........
