Plot -- Cancellation of plot allotment - Plot was allotted to petitioner and lease deed was executed and petitioner is in possession of same for more than 12 years - Cancellation of allotment would not automatically result in cancellation of lease deed that too without any refund of amount paid...........
Consumer Protection Act, 1986, Section 12 -- Purchase of two flats - Refund of amount with interest @ 9% - Under the agreement liability of appellant, in case of default was to pay interest @ 18% - It would be just and proper that interest of 18% be awarded on the refund amount...........
Agreement to sell -- Specific performance - Non joinder of necessary parties - Plaintiff himself admitted that suit property was jointly owned by defendant, his wife and three sons - Specific objection was also taken by defendant in his written statement with regard to non-joinder of necessary parties - No effective decree therefore, could have been passed in their..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement without invoking provision of S.89 CPC - Appellant while withdrawing appeal is entitled to refund of full Court Fee as provided u/s 16 of Court Fees Act...........
Indian Penal Code, 1860, Section 420, 405, 506(1) -- Cash-for-job scam - Compromise - Quashing of proceedings - Persons who have adopted corrupt practices to secure employment fall under two categories i.e those who paid money and got selected and those who paid money but failed to secure employment - If persons belonging to second category are allowed to settle their..........
Court Fees Act, 1870, Section 16 -- Refund of Court fee - Compromise - Sale deed executed in favour of one `G' in pursuance of the compromise - However there is no link between said `G' and plaintiff-appellant - Request for refund of Court fee, rejected...........
Agreement to sell -- Refund of advance amount - Suspicious circumstances and doubtful situations raised by both the parties - Sufficient reasons for not granting relief of specific performance - Order directing refund of advance amount with adequate interest rate, upheld...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Agreement to sell entered into in between the parties in the year 2016 - Complainant failed to make entire payment towards purchase of bungalow to appellant in accordance with terms of contract - Almost 16 years have elapsed since parties entered into contract - It would be too much at this point of time to..........
Court Fees Act, 1870, Section 13 -- Refund of Court fee - Striking off plaint - Plaint had not been laid by mistake or inadvertence but with full knowledge - There is thus, a ignorance of law - Claim of plaintiff for refund of Court fee rightly rejected...........
Agreement to sell -- Specific performance - Plea of hardship - Defendants have specifically stated in their written statement that except suit land they have no other piece of land and they require suit land for their own residential purpose and they cannot expect to dispose of their only piece of land and building standing thereon which would render them homeless,..........
