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CPA – Subsequent purchaser  – Builder – Non delivery of flat – Is a consumer

CPC S. 27 – Presumption of service of notice

CrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself

MVA – Criminal case  – Acquittal in a criminal case – Effect on claim petition

CrPC S. 319 – Court has failed to record the degree of satisfaction which is required to summon an accused under section 319 – Degree of satisfaction is not one of prima facie case

Environment law – Principles enunciated  –  Brick kiln. PLRonline 432610

Environment – It is the duty of the Government as also the Court to protect and preserve the environment

Rent Act – Mesne profits –  After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profit

Angoori Devi v. Smt. Satya Bhama, 2016 PLRonline 0104

Vardhman Holdings Ltd. v. Ranbir Singh, 2014 PLRonline 0203

Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupation

Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

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CPA – Subsequent purchaser  – Builder – Non delivery of flat – Is a consumer

CPC O.9 R.13 - Summons served, setting aside exparte decree - Rejected

Settlement - Any mode of satisfaction of the decree will have to be certified in a manner indicated under Order XXI Rule 2 of CPC

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CPC S. 27 – Presumption of service of notice

by PLRonline
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 “14. Section 27 gives rise to a presumption that service of notice has been effected when it is sent to the correct address by registered post. In view of the said presumption, when stating that a notice has been sent by registered post to the address of the drawer, it is unnecessary to further aver in the complaint that in spite of the return of the notice unserved, it is deemed to have been served or that the addressee is deemed to have knowledge of the notice.

Unless and until the contrary is proved by the addressee, service of notice is deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of business. This Court has already held that when a notice is sent by registered post and is returned with a postal endorsement “refused” or “not available in the house” or “house locked” or “shop closed” or “addressee not in station”, due service has to be presumed. [Vide Jagdish Singh v. Natthu Singh, AIR 1992 SC 1604,  State of M.P. v. Hiralal & Ors., (1996) 7 SCC 523,  and V. Raja Kumari v. P. Subbarama Naidu & Anr., (2004) 8 SCC 77].”

C.C. Alavi Haji v. Palapetty Muhammed 147 PLR 813 (SC)

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