Consumer Protection Act, 1986, Section 2(1),(g) -- Employees' Pension Scheme, 1995, paragraphs 12(2) , 12(4) - Pension fixation - Error in computing the monthly pension payable to the complainant by the appellant - Cannot be considered that calculation error as a deficiency of service on the part of appellant - Lower Forum's order directing to pay interest @ 7% held not..........
Consumer Protection Act, 1986, Section 2(c),21(b) -- Complaint - Maintainability - Fixed Deposit Scheme - Non refund of maturity amount by petitioner firm - Petitioner firm was ex parte before both the Fora below - In support of the plea of respondents having joined the firm as partners in 1997 it has not led any evidence whatsoever - In absence of such evidence and..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Settled account - Summary suit on a settled account is maintainable as settling of accounts gives rise to a written contract on a fresh cause of action, with an implied promise to pay the amount settled...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Can only be filed if there is a written contract...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Not maintainable on basis of an implied promise to pay...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Bill of exchange or promissory note - Not duly stamped - Summary suit is not maintainable...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Written contract contemplated under Order 37 need not be signed by both the parties - However, the writing must be such to arrive at a conclusion that an agreement certainly has been brought into existence and that the claim made under such an agreement ought to be indisputable...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Requirement before a summary suit lies are : (1) There must be a concluded contract; (2) The contract must be in writing; (3) The contract must contain an express or implied promise to pay...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Acknowledgments, writing or receipt - Not possible to lay down any precise test as to when a summary suit would lie on an acknowledgment writing or receipt - That would depend firstly on the document itself, the practice, usage and customs of the trade as also the facts of each case...........
Contract Act, 1872, Section 2(e), 10 -- 'Implied term of a contract' - Meaning - A term whether implied or not usually depends upon intention of the parties as collected from the words of the agreement and the surrounding circumstances...........
