Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Deposit of amount, in complainants account, after issuance of cheque and notice, which is more than cheque amount - Amount so deposited has firstly to be adjusted towards the payment of cheque amount - Complainant has separate remedy to avail in case there is any dispute as to payment due - In the..........
Chit Funds Act, 1982, Section 33 -- Chitty agreement - Default in chit subscription by subscriber - Where a contract provides for payment of money in installments and contains a stipulation that on default being committed in paying any of installments, whole sum shall become payable at once, such a stipulation would not be in the nature of a penalty...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Complaint filed by brother of sole proprietor of medical shop who was asked to vacate shop under directions of VC of petitioner/college - Allegations of destruction of medicines and other goods of shop by persons of college - Moreover, complaint not filed by sole proprietor to avoid liability to pay..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is required to issue a show cause notice calling upon JD with regard to payment of decretal amount, failing which JD was liable to be arrested...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 15 days in filing first appeal - Delay can be condoned as meritorious matters cannot be thrown at the verge of technicalities - Moreover, delay can be condoned subject to payment of adequate costs by petitioner in terms of S.35-B CPC - Delay condoned subject to payment of cost of Rs.15,000/-...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2), 24 -- Third proviso - - Rent and eviction - Arrears of rent - Deposit thereof - Payment of rent due within stipulated period of 30 days is a condition precedent and sine qua non for maintaining an appeal before appellate authority or else order of Rent Controller has to be treated to have attained finality and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent/provisional rent - In case tenant does not deposit rent so determined on or before first hearing of application for ejectment, he is entitled to be evicted on ground of non-payment of rent/provisional rent determined by Rent Controller...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent/provisional rent - Once provisional rent was assessed and not deposited by tenant within time stipulated, a right accrues in favour of landlord to seek eviction and tenant cannot escape or avoid consequences of eviction which is almost automatic...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent/provisional rent - Right to appeal against provisional rent is duly available but payment of provisional rent is almost a prerequisite to safe guard against eviction...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent/provisional rent - It is evident that there is a stubbornness and unwillingness on part of tenant not to deposit provisional rent and to comply with the order passed by Rent Controller - Tenant having failed to deposit provisional rent as assessed, he cannot be protected..........
