Constitution of India, 1950, Article 226, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 1, 5 -- Writ - Maintainability - Suppression of material facts - Cancellation of lease agreement - Suppression of all the fact cannot be said to be a ground for dismissal of writ petition except if the suppression is material one - Petitioner suppressing..........
Loan agreement -- Default in re-payment of loan amount - Settlement - Dispute regarding demand made under settlement - High Court erroneously quashed demand on the ground that whole issue was settled with consent and no objection was raised by Corporation/appellant - New dispute arisen out of terms of settlement, hence it had to be settled on its own merits in accordance..........
Consumer Protection Act, 1986, Section 23 -- Deficiency in service - Equity linked insurance plan - LIC held on the moneys wrongfully for five years - Omission to refund deprived appellant the use of his money - Mere direction for payment of interest at 12% per annum on the principal amount will not provide sufficient address - An additional amount of Rs.2,00,000/-..........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Consideration - Presumption - Promissory note executed towards payment of dowry as security for such payment - No consideration passed under promissory note - More so, four persons executed the promissory note - Plaintiff not disclosed that one of said persons not signed promissory note - He thus,..........
Income Tax Act, 1961, Section 80DD -- Insurance - Payment of annuity or lump sum amount - Benefit for handicapped dependents - Condition incorporated in the policy that amount shall not be given to handicapped person during lifetime of parent/guardian/life assured, is in conformity with S.80-DD(2)(b) of the Act - Denial of benefit of policy to handicapped dependent during..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Photocopy of agreement to prove its contents - Plaintiff sought permission to prove contents of second agreement regarding full and final payment received by predecessor-i, interest of defendants - Original agreement is not traceable - Merely because plaintiff not specifically averred that original agreement is..........
Court Fees Act, 1870, Section 35 - - Court fee - Exemption from payment of Court fees - Women exempted from payment of Court fees in State of Orissa in view of notification issued by government - It takes with its sweep the woman of any status or nationality...........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 7(4), 6, 5 -- Payment of tax - Motor vehicles under possession of manufacturer or dealer - Manufacturer or dealer can impose tax in respect of motor vehicle in his possession during course of business, suitable for use on roads, which is within legislative competence of Entry 57 of State List of VII..........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 23 -- Penalty - Non-payment of tax - Penalty becomes payable at the rates specified in R.4 of Taxation Rules within prescribed period - Since show cause notices were issued and after hearing appellants penalty was imposed, no interference warranted in imposition of penalty for no, payment of tax within..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Non payment of amount due and payable under the agreement or not paying the amount in lieu of one month notice before terminating the agreement - By itself cannot be said to be cheating and/or having committed offence u/s 406 and 420 IPC - Dispute at the most can be said to be..........
