Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Notice - Issuance of notice is a rule and grant of an ex parte injunction order an exception - Wherever Court chooses to follow exception, it has to necessarily comply with the mandatory requirement of recording reasons for its option that object of granting injunction would be defeated by delay...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), Security Interest Enforcement Rules, 2002, Rule 8(5), 9 -- Secured asset - Sale of secured asset consequent to taking over possession if borrower has failed to clear outstanding liability - Mode of sale referred to in R.8(5) of the Rules after giving notice..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Sent by registered post at correct address - There is presumption of service of notice - However, such presumption is rebuttable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Reminder notice - No bar to send a reminder notice - Usually such notice cannot be construed as an admission of non service of the first notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice is presumed when notice is sent by registered post is returned with postal endorsement `refused' or `not available in the house' or `house locked' or `shop closed' or `addressee not in station'...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment without notice to opposite party - Though O.26.R.9 CPC per se does not envisage notice to opposite party, but order containing unilateral direction without notice to opposite party is unusual and contrary to convention and practice - Moreover, Court shall not appoint Commissioner as a matter..........
Criminal Procedure Code, 1973, Section 386, 397, 401 -- Appeal against conviction - Withdrawal of appeal - Show cause notice issued to accused for enhancement of sentence - Accused cannot be permitted to withdraw appeal after issuance of show cause notice...........
Service -- Termination - Violation of principles of natural justice - Respondent not given reasonable opportunity to furnish explanation - Notice of mere 24 hours was given before passing order of termination - Since termination order is bad in law, respondent, held, entitled for reinstatement after superannuation of previous teacher - Direction issued...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff already paid substantial amount of Rs.1,40,000 out of sale consideration of Rs.1,80,000 - Balance amount has to be paid at the time of registration as per agreement - Under Telegraphic notice plaintiffs made clear that they were ready and willing to pay balance sale consideration - More so,..........
Delhi Rent Control Act, 1958, Section 25B -- Service of notice - Eviction suit - Where service through one mode is complete or successful, it is deemed to be sufficient irrespective of the fact that service through other mode is successful or not...........
