East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9 -- Eviction petition - Dismissal in default - Restoration - Dismissal of application on ground of negligence and carelessness cannot be decided without affording an opportunity to lead evidence - Restoration application be decided after affording an opportunity to parties..........
Consumer Protection Act, 1986, Section 24A , 11 , 2(1)(c) , 2(1)(r) -- Limitation - Unfair trade practice - Flat restoration - Contention of OP that the complainant made payment for restoration of flat in May, 2006 and the flat had been allotted in his name June,2006 but complaint filed in August, 2008 which is barred by limitation repelled - Held that the cause of action..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction petition - Objections that execution petition is not filed within limitation - Execution petition was earlier filed which was dismissed in default - Execution Court dismissed the objection petition without deciding whether execution petition is filed within time and whether present execution petition is in..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction petition - Objections that execution petition is not filed within limitation - Execution petition was earlier filed which was dismissed in default - Execution Court dismissed the objection petition without deciding whether execution petition is filed within time and whether present execution petition is in..........
Banking service -- Bank Loan - For agricultural purpose - Respondent committing default in making payment loan amount - The appellant Bank held fully justified to recover the amount of the defaulted account from the other account of the account holder maintained in the appellant Bank - The appellant Bank held to have committed no deficiency in service by withdrawing the..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Order passed U.O.9.R.4 is not subject to any appeal...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal in default - Restoration - Court had already taken cognizance, summoned the accused, framed the charge and complainant filed his own affidavit - Case was fixed for cross examination of complainant and accused sought two adjournments for cross..........
Haryana Urban Development Authority Act, 1977 -- Natural justice - Quasi judicial authorities are supposed to discuss facts of the case and state reasons for raising any claim against the allottee - Reasons as to under what provision of law and how and from which date the default has been committed by allottee needs to be discussed - Non speaking order set aside and matter..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for default - For one singular default in appearance on the part of the complainant it is not proper to dismiss the complaint - Complaint restored...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Earlier petition u/s 13 of the Act for arrears of rent was dismissed in default - Has no material bearing at all on the merits of the eviction filed u/s 13-B of the Act...........
