Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Statutory notice to advocate of accused - Validity - Held, reply notice issued by complainant to advocate for accused can be termed as statutory notice provided it fulfill statutory obligation provided u/s.138 of the NI Act and copy of notice has to be sent to accused demanding cheque amount has to be..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Signed by counsel on behalf of defendants No.2 to 6 - Vakalatnama in favour of Advocate reveals that Advocate was authorized to effect compromise also on behalf of the defendants - Compromise is a lawful compromise - Held, compromise is a valid compromise...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Application for setting aside - Delay of 792 days - Condonation - Written statement was already filed within time - Suit itself is for seven pro-notes - Petitioner would state that because of the communication gap between himself and his Advocate and that too because of his..........
Civil Procedure Code, 1908, Section 151 -- Ex-parte adverse order - Setting aside of - Application for - Dismissal of - Validity - Petitioner abandoned the case after 01.04.2011 and did not attend proceedings on 06.10.2011, 24.10.2011 and 11.01.2012 - According to petitioner, a new counsel was engaged who appeared on 08.02.2012 and they came to know of passing of adverse..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Appointment of next friend or guardian - Application filed on the ground that Respondent No. 1 was unable to manage his affairs and was mentally not in position to conduct his affairs himself - Respondent No. 1 has been an Advocate - He has attended the chamber of Court and has answered several questions - He has affirmed..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Revision petitioner lost his mother and his brother and he was also suffering from ill-health as revealed from his affidavit - There was a communication gap between his Advocate and himself - Decree holder viz., respondent..........
Limitation Act, 1963, Section 18 -- Explanation Acknowledgement of debt - Acknowledgement in the notice given by Advocate - Held, acknowledgment made by Advocate as an agent is sufficient acknowledgment which extends the limitation...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Dismissal of suit for no, prosecution - Restoration application - Condonation of delay - On 20.09.1999, Civil Court in absence of plaintiff as well as his advocate, dismissed suit for non prosecution - From 20.09.1999 the original plaintiff did not do anything till he passed away on 09.06.2004..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Bona fide requirement - Ejectment petition filed five years ago - Contention of petitioner/tenant that respondent No.1/landlord has since started practice as advocate and, therefore, ejectment of tenant from demised shop on ground of bonafide requirement of landlord for running jewellery..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Production of document - Refusal to - Validity - Document sought to be produced being draft of sale deed allegedly having handwritten corrections and cuttings and was unsigned - Alleged draft deed had not been filed with application - Name of Advocate who was alleged to have made corrections had also not been disclosed -..........
