Rent and eviction -- Determination of lease due to efflux of time - After lapse of lease period, if a lessee continues in possession of demised premises in absence of an assent by lessor, then he is a tenant by sufferance and exposes himself to be sued for ejectment at any time without any prior notice or demand of possession...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Application to be disposed of within 60 days of the date of service of notice on the opposite party...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of two cheques - Complaint filed on the basis of subsequent presentation of cheques and dishonour of cheques by issuing second demand notice is maintainable, if complaint was filed within 1 month of accrual of cause of action u/s 142(b) r/w S.138(c) of N.I. Act...........
Allotment of Plot -- Refund of earnest money - Letter does not indicate that petitioner had concealed the facts or given wrong information - No justification for compelling the petitioner to withdraw legal notice - Therefore, respondent shall refund amount deposited by petitioner...........
Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 226 -- Acquisition of land - Right of oustee - Right to be allotted a plot under oustee quota accrues when notice u/s.4 of the Act is issued - Oustee is entitled to be considered for allotment of plot when the sector or adjoining or the next residential sector is first floated for allotment..........
Contempt of Courts Act, 1971, Section 19 -- Contempt of Court - Appeal - Notice issued in contempt petitioner only for prima facie satisfaction as to whether contempt petition needs to be considered on merits - Only after such a preliminary stage notice can be issued - Appeal against same is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Inspection of property after auction - Not permissible particularly, when notice of auction by Court U.O.21.R.66 CPC, does not prescribe any condition for highest bidder being entitled to inspection of documents of title of property auctioned - S.55 of T.P. Act not attracted to auction which only invited..........
Practice and Procedure -- Natural justice - Notice - Principles of natural justice does not only warrant issuance of show cause notice and eliciting reply but includes giving such material to noticee, which has been found against him to ensure he considers said material and gives his reply...........
Service -- Order passed for cancellation of candidature of petitioner for appointment to post of SI/GD through COP`s examination 2011 and debarring him for period of 5 years from Commission`s examinations - Quashing of order - Violation of principle of natural justice - Show cause notice - In the instant case, there is no dispute that respondents themselves decided to..........
