Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Partnership Firm - Cheque issued in the name of Partnership Firm - Cheque dishonored - No Statutory notice was given to Partnership Firm and even Partnership Firm was not made as an accused in complaint - Only partners were shown as accused in complaint - Complaint held, not..........
Banking law -- Bank guarantee - Invocation of - Appellant invoked bank guarantees issued by respondent because of failure of respondent to discharge obligations imposed upon it by Task Force Committee - Following invocation of bank guarantees, respondent itself addressed a communication to Member Secretary of appellant - Even appellant issued a notice to show cause to..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, 7, Transfer of Property Act, 1882, Section 105, 106, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 2(1)(a) -- Eviction petition - Default in payment of arrears of rent - Tenancy of respondent was terminated by a valid notice u/s 106 of the Act -..........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - On an adult member of family - Process server has to make all reasonable efforts to serve notice - Contention that O.5.R.15 CPC expects more than one visit of process server to residence of party before effecting service of notice on any adult member of family of defendant, rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Cheque issued in the name of respondent No.2 - Demand notice issued by respondent No.1 - However, complaint filed by both the respondents - Complaint cannot be dismissed on such technicality...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days period from the date when notice was served upon accused - Such complaint is no complaint in the eye of law and therefore, Court is barred in law from taking cognizance of such complaint irrespective of fact that cognizance of complaint is..........
Constitution of India, 1950, Article 311(2) -- Removal from service - Requirement of second show cause notice of proposed punishment is omitted by 42nd Amendment to Art.311 of Constitution - There is thus, no necessity of communicating proposed punishment which was specifically contemplated by Art.311(2) of Constitution prior to Amendment to Art.311 of Constitution -..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Dismissed in default in absence of counsel for appellant/accused - First Appellate Court supposed to hear the matter on merits and could have put up the matter for some other day or still if counsel was not appearing to argue the appeal then counsel from Legal Aid Services should have to be provided..........
Rajasthan Rent Control Act, 2001, Section 9(a) -- Eviction petition - Default in payment of rent - Notice reveals that though landlord claimed that rent of premises for a period of more than 4 months is due but neither actual period of rent nor the amount of rent due was specified in notice issued - Thus, while serving notice the amount due towards arrears of rent which..........
Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Registered notice - Three notices sent by registered post on the same address - First notice received - Two notices received back with postal endorsement `the addressee did not receive the same for the past one week' - Correct address is shown by the fact that first notice is admitted to have been..........
