Criminal Procedure Code, 1973, Section 256, Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissal in default - Case fixed for defence evidence - Complainant absent on that date - Order dismissing complaint for absence of complainant is illegal and the same set aside...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Post Office Act, 1898, Section 48(c) -- Telegraphic money order - Delay of two months in delivery - Held that default of two months in sending the telegraphic money order could also be wilful act - Order of the State Commission directing payment of compensation of Rs. 5,000/- upheld...........
A P Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 10(2)(ii)(a) -- Rent - Wilful default - Concurrent finding of fact by Rent Controller and Appellate Court that default in payment of rent was wilful - Held, High Court rightly did not interfere...........
A P Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 10(2)(ii)(a) -- Rent - Wilful default - Tenant an illiterate lady and did not pay rent due to ignorance - Plea not tenable - Tenant was represented by an Advocate and she had the advantage of seeking advice from her advocate appearing on her behalf...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Dismissal in default - Restoration application - Petitioner already ventilated his grievance before authorities and before the High Court in writ petition - Dismissal of complaint by District Forum by passing order that remedy lies before High Court in terms of order passed by High Court - Appeal also dismissed by..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Dismissed in default - Restoration - On the date of hearing petitioner was busy in the District Court at Gujarat - No explanation as to why he took more than 3-1/2 months to move the application for restoration - On the second date again he requested for adjournment as he was busy in the Court at Delhi - In the..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Case fixed for service of defendant No.2 - Nothing worthwhile was to be done on the date fixed and it cannot be presumed that petitioner deliberately choose not to appear on the said date - No deliberate attempt to delay the matter can be attributed to the petitioner - Application..........
Indian Penal Code, 1860, Section 406, 420, 120B -- Hire purchase of vehicle - Default in payment - Forcible taking of possession as per agreement - When the agreement specifically says that the owner has got a right to re-possess the vehicle, there cannot be any basis for alleging that the appellants have committed criminal breach of trust or cheating...........
Consumer Protection Act, 1986, Section 2(1),g) -- Telegraph Rules, Rule 443 - Telephone disconnection - For non payment of the dues - Held that the Telecom authorities are empowered under Rule 443 of the Rules to disconnect telephone even without serving any prior disconnection notice to the subscribers in case of default in payment of dues - Order of the District Forum..........
Revision -- Dismissal in default - Restoration application - Case adjourned to 27.4.2001 on March 26, 2001 subject to payment of cost of Rs. 5,000 - Neither cost paid nor counsel for the petitioners appeared - Revision petition arising out of proceedings under Section 25/27 of the Act before the State Commission - Plea in the application for restoration that petitioner..........
