Transfer of Property Act, 1882, Section 106 -- Determination of tenancy - Notice - Plea of advance payment of rent - Non-sending of reply to notice is also a circumstance to negate plea of appellant that he had paid advance rent...........
Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Representative suit - Notice of institution of suit - Personal service has to be resorted to at first instance or whereby due to reasons of number of persons or any other cause such service is not reasonably practicable, then by means of public advertisement such persons can be served...........
Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Representative suit - Notice of institution of suit - Suit land is situated in three different villages - Though munadi is effected - However, nothing brought on record as to whether munadi was conducted in different villages or defendants as shown in plaint are really residents of those villagers in which they have been..........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time - Order allowing to pay deficit Court fee passed without giving notice to defendant - Impugned order set aside - Matter remitted for decision afresh after issuing notice to defendant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of four cheques - Single notice - Consolidation of all the four complaints - There is no provision of consolidation of cases in Cr.P.C. - All four complaints directed to be fixed on one date so that it is convenient to both the parties to attend the hearing of all the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of charas - Non-compliance of mandatory provision of S.50 of the Act - Notice u/s 50 of the Act was not given to accused - Mandatory provision of S.50 the Act held, not complied with...........
Arbitration and Conciliation Act, 1996, Section 21, 85 -- Commencement of arbitral proceedings - Date on which notice was served to other party requesting appointment of an arbitrator, is the deciding factor as to whether 1940 Act applies or 1996 Act applies - In the instant case, notice was served to respondent in 2002 as such provisions of 1996 Act would apply to..........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Work contract - Cause of action in the case arose when final bill was handed over to respondent became due i.e on 8.2.1986 - Mere correspondence of appellant by way of writing letters/reminders subsequent to this date to respondent would not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice - Question of service of notice - It is a triable issue - Order quashing proceedings set aside...........
Criminal Procedure Code, 1973, Section 107, 111 -- Show cause notice u/s 111 Cr.P.C - Magistrate has to form an opinion in writing as contemplated by S.111 Cr.P.C and thereafter proceed to issue a show cause notice as contemplated by S.107 Cr.P.C and along with show cause notice annex the opinion - Purpose of law is that noticee is to be made known factual matrix..........
