Agreement to sell -- Validity - Agreement in question itself contains a specific clause that it is for vendor/defendant to obtain permission from competent authority under Tamil Nadu Urban Land Ceiling Act - Agreement to sell therefore, cannot be said to be void ab initio - Defendants failed to obtain exemption from concerned authorities, as result of which they were in..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Hire purchase agreement - Default in payment of installments - Repossession of vehicle by Financier without notice to complainant - If hirer/complainant commits breach of conditions of a hire purchase agreement which expressly provides for immediate repossession of vehicle without further notice to..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Hire purchase agreement - Default in payment of installments - Repossession of vehicle by Financier without notice to hirer/complainant - Where requirement to serve notice before repossession is implicit in hire purchase agreement, non service of proper notice would tantamount to deficiency of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Hire purchase agreement - Default in payment of installments - Non-production of agreement by financier - Adverse inference - No adverse inference could have been drawn against Financier for not producing Hire purchase agreement before District Forum, particularly when there was no allegation in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 323, 504, 506, 406 -- Quashing of proceedings - Cheating - Allegation that husband of complainant was duped by committing fraud by accused thereby Tractor was sold by way of hypothecation with Bank was held to be with material defects - PWs categorically said that all accused in..........
Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 11, Criminal Procedure Code, 1973, Section 421 -- Enforcement of maintenance order - Warrant for levy of fine - Despite execution of warrant issued on application that is to be filed within 3 months of amount becoming due, if amount is not paid, law contemplates a breach for non-payment of each..........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown at the beginning of transaction...........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of contract - Allegation that complainant supplied goods to accused and accused failed to pay the amount for the same - However, there was a meditation between accused and his creditors in which on behalf of complainant, her husband participated and agreed to receive Rs.7,30,000 in full and final settlement of..........
Specific Relief Act, 1963, Section 41(h) -- Injunction - Cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust...........
