Prevention of Corruption Act, 1988, Section 19, Evidence Act, 1872, Section 74(1)(iii) -- Sanction for prosecution - Public document - For a prosecution sanction u/s 19 of Act to claim sanctity as a public document u/s 74(1)(iii) of Evidence Act, it must be something done or made by authority in the discharge of his normal official functions as Government servant - If..........
Evidence Act, 1872, Section 61, 64, 65, 74 -- Proof of Ancient Patta more than 100 years old - Original Patta not available, hence copy of the same cannot be exhibited - Plaintiff relied on village resettlement register in which reference of alleged Patta was found - However, existence of Patta is proved but nature of rights under Patta is not clear from contents of..........
Kerala Land Reforms Act, 1963, Section 103, 74, 75 -- Revisional jurisdiction of High Court - Maintainability - Appellate Court set aside order of Tribunal granting cultivating rights to respondent - Challenge - As per evidence on record respondent`s predecessor has been cultivating tenant in respect of land in question - Failure of appellants in proving genuineness of..........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Burden of proof - Loss can be assumed even without proof when burden was on person who committed breach to show that no loss was caused by delay or that amount stipulated as damages for breach of contract was in the nature of penalty...........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Quantum of compensation - When highest limit is stipulated instead of fixed sum, in absence of evidence of loss, part of it can be held to be reasonable compensation and remaining by way of penalty - Party complaining of breach can certainly be allowed to reasonable compensation out of said amount if not the..........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Quantum of compensation - In the absence of any evidence by party committing breach that no loss was suffered by party complaining of breach, Court has to proceed on guess work as to quantum of compensation to be allowed in given circumstances...........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Quantum of compensation - Defendant failed to execute work of construction of sewerage pumping station within stipulated time - Said pumping station was of public utility project - Even if there is no specific evidence of loss suffered by plaintiff authority but project being public utility, delay itself can..........
Indian Contract Act, 1872, Section 63, 73, 74 -- Auction sale - Extension of time - Appellant being highest bidder deposited earnest money - Balance amount was to paid within 3 months - However, time had been extended on several occasions thus time is no longer essence of contract - DDA cancelled the allotment of plot and forfeited the earnest money without giving any..........
Indian Contract Act, 1872, Section 74 -- Breach of contract - Forfeiture of earnest money - As earnest money is an amount to be paid in case of breach of contract and named in contract as such, it would necessarily be covered u/s 74 of Act...........
Indian Contract Act, 1872, Section 73, 74, 63 -- Breach of contract - Where no loss is caused to seller by breach of contract, seller cannot claim damages from purchaser as compensation can only be given for damage or loss suffered by seller - If damage or loss is not suffered, law does not provide for a windfall...........