Indian Contract Act, 1872, Section 126 -- Contract of guarantee - Default by principal debtor - Liability of surety - Held, mere renewal of FDRs does not mean renewal of contract of guarantee between surety and creditor - After expiry of period of contract of guarantee there was no occasion for Bank to proceed to retain FDRs of plaintiffs/surety as a collateral guarantee..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Mere no, filing of chemical examiner's report would not make charge-sheet incomplete - Thus, accused would not be entitled to be released on bail u/s.167(2) Cr.P.C. on ground of charge-sheet being incomplete...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Wrong noting of date by counsel - Affidavit of counsel is sufficient - Counsel is not expected to place on record the copy of his case diary or the photocopy of brief - Petition restored...........
Haryana Urban Development Authority Act, 1977, Section 15 -- Allotment of plot - Default in payment of installments - Resumption notice - Service of - Allotment letter was received by petitioner on same address on which notice before resumption was issued to him - Competent authority, who passed resumption order, appellate authority as well as revisional authority have..........
Haryana Urban Development Authority Act, 1977, Section 15, 17 -- Allotment of plot - Resumption order - Validity - Petitioner failed to pay remaining 75% amount after allotment of plot - No application before competent authority seeking extension of time - He remained silent for five years - Held, since default is willful, prayer made by petitioner to accept balance amount..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Validity - Appellant was not present in second sitting and did not appear till 5:45 P.M. - When appellant had gone in search of his advocate, it was not possible for him to remain present in second sitting - Held, matter could have been adjourned to another day -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of contraband - Commercial quantity - Conviction - Modification of sentence - While convicting appellants for offence u/s.20(b)(ii)(C) of the Act trial Court imposed minimum sentence of RI for 10 years and Rs.1,00,000/- as fine and in default of payment of fine to undergo further RI for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Non-payment of arrears of rent - Proof - Eviction sought on ground of default in payment of rent from 01.03.1991 to 31.12.1996 - Rent was stated to be Rs.400/- P.M. - In reply tenant stated that there had been no default at all in payment of rent and his wife herself had received rent - Tenant relied on..........
Transfer of Property Act, 1882, Section 106, 111(g) -- Eviction - Default in payment of rent - Validity - Termination notice issued by plaintiff/landlord to defendant granting 15 days' time to vacate property - Tenant holding over premises from month to month as initial period of lease for 11 months had expired - Held, question of forfeiture on part of landlord would not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Appellant sold his crops to respondent and respondent, in lieu of payment, handed over cheque amounting to Rs.80,000/- which got dishonoured - Respondent did not appear in witness box to rebut presumption in favour of appellant - Held, respondent guilty for offence punishable..........
