Consumer Protection Act, 1986, Section 13(1)(c) -- Procedure - Defective seed - Laboratory test - The procedure prescribed under the Seeds Act followed - The District Seeds Committee had held the necessary inquiry and had given its report - That report cannot be brushed aside on the contention that the seeds were not sent for testing to a laboratory...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Arrears of rent - Plea of tenant that he had already paid rent but landlord did not issue receipts - Not believable - If landlord was not issuing receipts then tenant could move an application before Rent Controller for the deposit of rent - Plea not tenable in absence of cogent and convincing..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Rate of rent - Landlord placed on record counterfoils of rent receipts duly signed by tenant to show that rate of rent was Rs.150/- p.m. - Held, that record of Municipal Corporation cannot be said to be conclusive proof regarding the rate of rent in respect of demised premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Limitation - There is no period of limitation - Even time barred arrears of rent can be claimed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Short or invalid tender - Dispute as to rate of rent and period for which rent is due - Rent Controller when comes to the conclusion that tender is short and invalid then a conditional order is to be passed by giving tenant a reasonable time for paying or tendering the deficit amount,..........
West Bengal Premises Tenancy act, 1956, Section 13(1)(e) -- Eviction - Threatening to kill the plaintiff, beating the son of plaintiff and abusing him with filthy language amounts to nuisance and annoyance, furnishing a ground of eviction under clause (e) of S.13(1) of the Act...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), 7 -- Illegal gratification - Demand of bribe by accused - Co-accused working in office of accused counted money kept on table as per direction of his immediate authority - No allegation against co-accused as to demand of illegal gratification or that he received money in lieu thereof - Held, co-accused had no..........
Negotiable Instruments Act, 1881, Section 6, 13 -- Cheque - Sent by post met on presentation - The date of payment is the date when the cheque was posted...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Limitation - 'No instructions' - Party cannot be penalised for fault of counsel - Limitation to file application to set aside exparte decree starts from the date of knowledge - Application for condonation of delay allowed - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Cannot be passed on the basis of averments in plaint and other documents - Plaintiff is bound to prove his case...........
