Haryana Co-operative Societies Act, 1984, Section 102(1), 128(1)(c) -- Defendant granted membership of plaintiff society and was advanced loan as member of society - Documents set up by plaintiff society depict that defendant was granted loan as member of society - Defendant having committed default in repayment of loan, plaintiff society brought recovery suit - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Purchase of vehicle by taking loan - Default in payment of loan amount - Vehicle seized - One of the partners of the firm gave a loan to repay the loan amount of the company and that accused issued a cheque to discharge his legal liability - No sane person would advance loan to a person who has already..........
Civil Procedure Code, 1908, Order 37, Rule 6 -- Loan - Recovery suit - Loan was granted by plaintiff bank to defendants for purchase of tractor - Defendants duped by tractor dealer - They remained completely silent when plaintiff was asking defendants to take necessary action - Defendants also withdrew their suit filed against tractor dealer or got said suit dismissed in..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - All interim orders passed get revived on restoration of suit...........
Civil Procedure Code, 1908, Order 1, Rule 3B -- Impleadment of State - Failure to implead in appeal - Duty of appellate Court - State was impleaded as a party U.O.1.R.3-B of the Code before trial Court - By defect/default, appellant/plaintiff failed to implead State as a party/respondent - Held, appellate Court should have pointed out this defect and should have directed..........
Haryana Co-operative Societies Act, 1984, Section 20(d) -- Registered Co-operative Society - Held, any member/voter in default of any sum due from him to society will be not eligible to exercise his right to vote...........
Haryana Co-operative Societies Act, 1984, Section 20(d) -- Election of member of Managing Committee of Society - Member/Voter in default of any sum due from him to society not eligible to exercise his right to vote - Returning Officer exhibited tentative voter's list including names of defaulters, in spite of fact that several members/voters had not paid their dues -..........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be restored U.O.21.R.106 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be ordered to be restored - Contention that petition was dismissed and not dismissed in default - Order dismissing petition on the ground that non turned up on behalf of D.H. or J.D. - Order passed without prejudice to the right of D.H. or any other..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 8, Rule 10 -- Ex parte decree - Setting aside of - Written statement not filed - Ex-parte decree granted - Application filed U.O.9.R.13 for setting aside ex parte decree - Held, a decree passed for defendant's default in filing written statement is an ex parte decree which duly comes..........
