Transfer of Property Act, 1882, Section 106, 111(g) -- Eviction - Default in payment of rent - Validity - Termination notice issued by plaintiff/landlord to defendant granting 15 days' time to vacate property - Tenant holding over premises from month to month as initial period of lease for 11 months had expired - Held, question of forfeiture on part of landlord would not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Typographical error in cheque number in demand notice - Error does not mitigate the situation as accused did not dispute his signature on cheque - Such mistake cannot be said to be material as amount covered by cheque is correctly recorded in statutory notice - Conviction upheld...........
Criminal Procedure Code, 1973, Section 482, 210 -- Complaint & FIR - Quashing of proceedings - FIR lodged first and then complaint filed before CJM - Complainant failed to fulfill his duty to bring said fact to notice of Court and to pray for reports from police as required u/s 210(1) Cr.P.C. - Held, when a complaint filed before Magistrate and FIR has also been lodged and..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 153 days in filing application to set aside ex parte decree - Delay deserves to be condoned when wife pleaded that she did not receive notice and when she is residing in another State...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A -- Shamlat Deh - Question of title - Decision of - Notice was not issued to Gram Panchayat - Issues were not framed - No opportunity was granted to petitioner to lead evidence before petition was dismissed in a summary and perfunctory manner -..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Bombay General Clauses Act, 1904, Section 28 -- Dishonour of cheque - Claim as to non-receipt of notice - Sent by registered post at correct address and acknowledged by husband - Merely because accused did not receive notice personally and acknowledgment signed by husband, notice cannot..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Registered lease deed for a period of three years - Quit notice can only be issued after the expiry of stipulated period in the lease deed - Notice issued before the expiry of lease period is not valid...........
Transfer of Property Act, 1882, Section 116 -- Lessee - Holding over - Only if the lessor receives rents after expiry of period and did not express his intention to terminate the relationship - In the instant case though quit notice is defective but communicates the intention of respondent not to continue beyond the stipulated period - Therefore lessee cannot contend that..........
Burmah Shell (Acquisition of Undertaking in India) Act, 1976, Section 5(2), 7(1) -- Transfer of Property Act, 1882 - Eviction - Expiry of term of lease - Renewal of lease - Renewal claimed under a clause of previous lease - Appellant has already exercised and exhausted its right u/s.5(2) of the Act and there can be no question of a second renewal in terms of statutory..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Sanction of mutation - Petitioner and respondent No.5 claiming entire land left behind by deceased on the basis of Will - Deceased was having four daughters also - Neither petitioner nor respondent No.5 impleaded them in mutation proceedings - Reference made by Assistant Collector, in his order that all legal heirs..........
