Negotiable Instruments Act, 1881, Section 138, 141 -- Cheque dishonoured - Presented for the second time - Again dishonoured - Notice issued - Payment not made within time - Complaint filed - Held, complaint is maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Death of General Attorney during pendency of appeal-Legal representatives not substituted-Matter to be adjudicated only by or on behalf of principal-Mere death of General Attorney-Does not cause any impediment in disposal of appeal without Legal Representatives of General Attorney being brought on record and given..........
Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 7, Rule 4(2) -- Representative suit - Provisions of O.7.R, 4(2) requiring applicant to file affidavit giving details of all persons interested in suit are not applicable to grant of leave U.O.I.R8 - Where personal service to parties interested is not practicable notice of suit may be given by..........
Haryana Municipalities Act, 1973, Section 208 -- Unauthorised construction - Notice - Injunction suit decreed by Courts below that notices were required to be issued within six months of unauthorised construction - Notice alleged unauthorised occupation of land also - It was not the case of respondent that they had title independent of Municipality - Notice u/s 208 was..........
Haryana Municipal Act, 1973, Section 208 -- Notice - Limitation of six months-Arises only when a person asserts to be owner of property and proceeding with construction in violation of Municipal Rules...........
Consumer Protection Act, 1986, Section 2(1)(o) -- Consumer - Effort of the complainant is to hold a fishing enquiry to find out the defaulting/erring official of the High Court who had not despatched notice/summon in some case pending in the High Court - It is not the function of the fora established under the Act to go into such matters for the ulterior motive of helping..........
Negotiable Instruments Act, 1881, Section 138 -- Demand must be of the cheque amount - if a bigger amount with interest is claimed in the notice, it is not sufficient notice...........
Civil Procedure Code, 1908, Order 5, Rule 19-A -- Provision is mandatory - A duty is case on the Court to issue summons by ordinary process also when Court orders service through registered post - Notice was sent by registered post without obtaining orders from the Court to that effect - Refusal thereof - Held, appellant was not served in accordance with law...........
General Clauses Act, 1897, Section 27 -- Notice - Sent as per registered post - Neither the unserved notice nor the acknowledgement cards received - Notice must be deemed to have been served...........
Negotiable Instruments Act, 1881, Section I38 -- Notice - Notice issued but when it was received neither mentioned in complaint nor in statement - Complaint is not maintainable as it does not disclose commission of offence u/s 138 of the Act - Plea that all such questions are to be determined by trial Court, negated - Complaint and summoning order quashed...........
