Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appeal has been filed after an inordinate delay of 26 years - Admittedly, no notice was issued and appeal was admitted on first day of hearing without issuance of notice to petitioner - Appellate authority has not only ignored the provisions envisaged under the Act but also overlooked..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Once the demand notice is admitted in evidence without objection, it is not necessary to prove its contents...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Receiver appointed to maintain income and expenditure of land owned and possessed by plaintiff Trust - In absence of any powers of management of suit land/properties of plaintiff Trust being conferred upon him, receiver was not competent to lease out land by way of public notice - Application filed..........
Agreement to sell -- Specific performance - Pre-suit notice - Law does not expect that in every case, there should be a pre-suit notice before a suit is filed - It will depend upon facts and circumstances of each case...........
Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal - Appeal against order of NCLT shall be preferred within a period of 30 days from the date on which the order was passed by NCLT - However, Appellate Tribunal has the power to extend period of limitation by another 15 days - Appellate Tribunal thus, committed an error in issuing notice in an appeal with delay of..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Application u/s 11(6) of the Act filed after 32 years from the date of completion of work - Appellant who served legal notice invoking arbitration clause and requesting for appointment of an arbitrator after a period of approximately 32 years - Appellant cannot contended that his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Perusal of material on record it is not in dispute that signatures of accused available at cheque - As per defence of accused, complainant was running chit business and in order to prove the same no material was placed and even not examined any other subscriber of said chit to prove factum that..........
Industrial Disputes Act, 1947, Section 10 -- Industrial Dispute - Reference to Labour Court - Territorial jurisdiction of Labour Court - Workman employed as a driver at Ghaziabad office and his services were retrenched at Ghaziabad - Merely because workman after termination/retrenchment shifted to Delhi and sent a demand notice from Delhi and Head Office of Management was..........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Order of attachment was passed on very same day on which notice calling upon defendant to furnish security was served that too without giving sufficient opportunity to defendant to respond to said notice as required U.O.38.R.5(1)(b) CPC - There is thus, non-compliance..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Admittedly, as officers of appellant company they were aware of the fact that advance of Rs.1 lac was received from complainant for sale of land to him and company had enforceable debt to complainant as per terms of agreement - Neither land was transferred to him nor advance..........
