Himachal Pradesh Urban Rent Control Act, 1987, Section 18 -- Eviction suit on grounds of bonafide necessity dismissed in default - Application for restoration of suit also dismissed in default - Held, cause of eviction on ground of bonafide necessity being recurring, provision of O.9.R.9 CPC has no applicability - Landlord can file fresh suit for eviction on ground of..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff issued notice to defendant as regards liabilities of defendant and marketable title of defendant - Held, in an agreement relating to immovable property, though defendant represented that he is absolute and exclusive owner and entitled to sell, transfer or convey the same, as a purchaser, it is for..........
Haryana Urban Development Authority Act, 1977, Section 50 -- Resumption of plot because of consistent default committed by plaintiff - Resumption order challenged in Civil suit on the ground that demand of interest was illegal - Held, Civil Court cannot assume jurisdiction merely on ground that demand of interest was illegal - Civil Court is vested with jurisdiction only..........
Marine Insurance Policy -- Insurance claim - Exclusion clause - Burden of proof - The effect of Exclusion/Exception is to save the insurer from liability for the loss which but for Exclusion/Exception would be covered - It is, thus, for the OP - Insurance Co. to prove that the claim made is not payable under Clause 4.6 and for the complainant to show that this clause is..........
Marine Insurance Policy -- Insurance claim - Exclusion clause - Burden of proof - The effect of Exclusion/Exception is to save the insurer from liability for the loss which but for Exclusion/Exception would be covered - It is, thus, for the OP-Insurance Co. to prove that the claim made is not payable under Clause 4.6 and for the complainant to show that this clause is not..........
Marine Insurance Policy -- Insurance claim - Exclusion clause - Burden of proof - The effect of Exclusion/Exception is to save the insurer from liability for the loss which but for Exclusion/Exception would be covered - It is, thus, for the OP-Insurance Co. to prove that the claim made is not payable under Clause 4.6 and for the complainant to show that this clause is not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for non appearance of complainant and for no, prosecution - Challenge thereto - Steps for summoning respondent were not taken by complainant - Complaint was dismissed for non appearance of complainant and for no, prosecution as costs was not paid and steps for summoning of..........
Vehicle finance -- Default in making payment - Repossession and sale of vehicle - Ample and credible evidence on record which has not been denied by the Respondent that the Petitioner had sent several notices to the Respondent regarding default in payment - Notice to repossess the vehicle after repossession before selling the vehicle were also sent and received by him -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Default bail - Recovery of 165 kg. of Ganja - Charge sheet not filed within a period of 180 days - Bail denied on ground that delay well explained due to non receipt of report from FSL and owner of vehicle not traceable - Period of detention can be extended..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Contempt of Courts Act 1970 - Tenancy - Contempt of Court - Not vacating inspite of giving undertaking and availing two years time - Undertaking alleged to be result of fraud only after contempt notice was received - Plea of fraud raised only to remain in possession - Failure to comply with statement made in Court..........
