Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent by registered post with correct address - Service of notice is deemed to have been effected on the sender unless he proves that it was really not served and he was not responsible for such non service...........
Agreement to sell -- Specific performance - Readiness and willingness - Suit filed within 2-1/2 months of the date of execution of sale deed - Plaintiff also issued notice to defendant before filing suit - It is defendant who transferred property to his children before target date - Relief of specific performance rightly granted - However, since balance amount of sale..........
Agreement to sell -- Specific performance - Plea of bonafide purchaser - Registered sale deed executed in favour of subsequent purchaser - However, sale deed does not indicate date and manner in which sale consideration was paid - Said sale deed does not make any reference to any of two alleged un-registered agreement to sell executed between vendor and subsequent..........
Service -- Freedom Fighter's Pension - Earlier application for claim of pension was rejected and said order became final being not challenged - After 13 years of such rejection, respondent again made a second time claim for pension - Respondent not disclosed his earlier rejection by producing earlier orders while making second time before appellant and also before High..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchaser - Impleadment in a suit for specific performance - Subsequent purchaser with notice of the previous agreement - He is a necessary party - To avoid multiplicity of proceedings and effectually adjudicate the matter in issue, he should be impleaded as a defendant...........
Evidence Act, 1872, Section 27, Arms Act, 1959, Section 25 -- Disclosure statement - Recovery of weapon of offence - Offence u/s 25 of Arms Act - Place of recovery was assessable to everyone - No independent witness had been joined at the time of recovery as villagers has shown their inability - I.O had not given any notice to any of witnesses and no action was taken..........
Bank locker -- Proper procedure for operating and allotting lockers be followed, viz. (a) maintenance of a locker register and locker key register; (b) Locker register shall be consistently updated in case of any change in allotment; (c) Bank shall notify the original locker holder prior to any changes in the allotment of the locker, and give them reasonable opportunity..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 2698 days - Summons not issued to defendant personally - Defendant came to know about ex parte decree when he received notice in the execution petition - Court not satisfied with the explanation of defendant - However, in view..........
Civil Procedure Code, 1908, Section 80(2) -- Notice u/s 80(2) CPC - Suit for declaration against termination of lease agreement - Prayer made in suit as well as application U.O.39.Rr.1, 2 CPC would necessarily have to be decided by trial Court after issuing notice to defendants - Urgency as pleaded by plaintiff in plaint and in application U/s 80(2) CPC cannot be..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Accused neither replied to legal notice issued by complainant nor denied his signatures in the cheque - Even, no oral and documentary evidence had been let in by accused to prove his case - Whereas complainant has proved his case by letting in cogent evidence -..........
