Consumer Protection Act, 1986, Section 15, proviso -- Appeal - Interim relief - In interim order State Commission imposing condition that petitioner shall deposit 50% of the amount awarded by the District Forum - Contention that under Section 15 of the Act Rs.25,000/- or 50% of the amount as awarded whichever is less is to be deposited - Held that proviso speaks of the..........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Signatures admitted - Circumstances explained under which promissory note was signed - Execution denied - Does not tantamount to proof of execution of promissory note - Statutory presumption of passing consideration as provided u/s 118 of the Act cannot be drawn...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Sub letting - Proof of - Landlord has to prove that tenant had parted with exclusive possession in favour of sub-tenant or part thereof and for consideration - Unless these two ingredients are fulfilled, the sub-letting cannot be said to have been proved...........
Agreement to sell -- Specific performance - Ready and willing - Must be pleaded and proved - Continuous readiness and willingness on the part of plaintiff is a condition precedent to grant relief of specific performance - Court while adjudicating readiness and willingness on the part of plaintiff must take into consideration, the conduct prior and subsequent to the filing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law does not mandate proof of original transaction or existence of original consideration - In a prosecution under Section 138 of the Act, Criminal Court is not to adjudicate on the liability to discharge with the cheque is alleged to be issued...........
Transfer of Property Act, 1882, Section 54, 5, Registration Act, 1908, Section 60, Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Sale deed - Consideration - Proof - Scribe or attesting witness not examined - Sale deed exhibited without objection - Held, once the document is exhibited on record and marked as such, the contents thereof would..........
Evidence Act, 1872, Section 101, 114 -- Burden of proof - With holding of best evidence - Adverse inference - Sale deed - Challenged in civil suit - Sale deed produced and exhibited on record - No objection raised - Contention that scribe or attesting witness of sale deed not examined, contents of sale deed and passing of consideration not proved. Held - Sale deed proved..........
Transfer of Property Act, 1882, Section 5, Registration Act, 1908, Section 60, Evidence Act, 1872, Section 101 -- Registration certificate - Registration of a document is a solemn act to be proformed in the presence of competent officer - Registered sale deed would be prove of admission of receipt of consideration made before the Registrar - Burden of proof is on the..........
Service -- Disciplinary proceedings - Judicial review thereof is limited - Disciplinary proceedings, however, being quasi-criminal in nature, there should be some evidences to prove the charge - Although the charges in a departmental proceedings are not required to be proved like a criminal trial, i.e., beyond all reasonable doubts, but Enquiry Officer performs a..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(ii)(a), East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Proof of monetary consideration by the sub tenant to the tenant is not a sine qua non to establish subletting...........
