Hindu Marriage Act, 1955, Section 13(1)(ia) -- Non payment of maintenance pendente lite - Court can stay the matrimonial suit if the defaulting party is the petitioner and even dismiss the proceedings if the default is intentional and at the same time, strike out the defence of such party if such party is defendant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of payment - Period of fifteen days was made into thirty days by amendment w.e.f. 6.2.2003 - Amendment is prospective in nature and not retrospective in nature - Demand of payment not made within 15 days of the receipt of information from Bank (Cheque unpaid returned on 10.3.1999 but..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Matrimonial dispute - Interim bail granted earlier subject to payment of deposit of Rs.25, 000/- which was to be disbursed to the complainant on her appearance - Son of petitioner and husband of estranged wife were taken into custody by police and were granted regular bail - Hence, custodial interrogation is..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - After completion of contract full and final payment received without any protest - Dispute raised after two years - High Court appointed arbitrator - Appointment set aside - No dispute existed between parties as contractor having received the final payment without protest had waived his right..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Airlines - Unfair trade practice - Compensation - Confirmed tickets - Complainants when they went for obtaining boarding passes at Airport they were told that the petitioner Airlines had no traffic rights for that day to go to Delhi from Beijing - Clear misrepresentation of facts and false statements were made by the..........
Criminal Procedure Code, 1973, Section 482, 362, Indian Penal Code, 1860, Section 68 -- Whether period for payment of amount of fine, ordered in judgment in an appeal, can be extended by High Court in view of S.482 Cr.P.C? - Held, period to deposit amount of fine cannot be extended by this court and petitioners can avail remedy of provisions of S.68 of IPC - Therefore, it..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - Plea that landlord is not the owner for five years prior to the filing of petition u/s 13-B of the Act as it was mother of the landlord who was recorded as owner in the Municipal records and on the strength of an affidavit of mother the ownership rights were transferred in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - In order to bring application of Section 138 the complaint must show: (1) That Cheque was issued; (2) The same was presented; (3) It was dishonored on presentation; (4) A notice in terms of the provisions was served on the person sought to be made liable; (5) Despite service of notice, neither any..........
Delhi Rent Control Act, 1958, Section 14(1)(a), 15(1), 15 7) -- Eviction of tenant sought on the grounds of arrears of rent - Rent Controller directed tenant to deposit arrears of rent and future rent by 15th of every month - Tenant making delay in payment of monthly rent - Tenant filed application seeking condonation of delay on the ground that he had been paying rent..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) , 14(1)(d) , 2(1)(o) , 2(1)(r) -- Housing - Service - Unfair trade practice - Refund - Rendering service for arranging flat - Entire amount in foreign exchange in the sum of pound 9,500 remitted in 1997 by complainant to appellant for arranging flat - Flat not arranged - Refund of amount ordered by the State Commission -..........
