Plot -- Allotment - Demand of additional price - In the instant case, plots allotted to entrepreneurs by respondents is for establishment of industrial venture - As per respondents regular letter of allotment stipulates only `tentative price' and liable to be varied on account of variation in saleable area - However, there is nothing in regular letter of allotment that..........
Indian Contract Act, 1872, Section 73 -- Quantum of damages - For no, supply of two rake loads of pig iron at rate offered by defendants - Admittedly, amount remained deposited with defendants for more than two years but supply of goods was not made - Therefore, plaintiffs are entitled to difference of price of goods...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Escalation - Fluctuation of market rates not a sufficient ground to entertain a claim for escalation as per rates executed in the agreement - However, Arbitrator arrived at the conclusion that escalation of rates in question was based on statutory notification issued by Central..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and proceedings in furtherance thereto for offence u/ss 420, 467, 471, 472/120-B of IPC - FIR filed after 10 years of original agreement signed between parties - Admittedly, complainant himself gave specific reason in FIR that agreement to sell could not be executed because of variation of price in immovable..........
Civil Procedure Code, 1908, Section 20(c) -- Suit for recovery - Territorial jurisdiction - Cause of action - Non payment of price of goods - Cheque issued by defendant at Delhi and realized at Delhi - Therefore, once payment is made at Delhi, Courts where payment is made is Court where part of cause of action arises, thus, Courts at Delhi has jurisdiction to try suit u/s..........
Agreement to sell -- Specific performance - Notice prior to institution of suit - Notice not disclosing price agreed or advance paid or balance consideration - These are very much essential in a notice seeking specific performance...........
Agreement to sell -- Specific performance - Material alterations in agreement - No admission by DW1 which would persuade Court to presume that corrections were made with the knowledge of 2nd defendant the power agent of first defendant - Coupled with this, notice issued prior to institution of suit does not even disclose price agreed or the advance paid or the balance..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deductions - Development charges - Acquired land not fully developed - Land required for construction of rehabilitation center, thus, it would be just, fair and proper to deduct 40% of amount towards development charges out of average price worked out - Such deduction is permissible in law...........
Arbitration Act, 1940, Section 30 -- Arbitral award - Work contract - Claim for price escalation - Board allowed completion of contract even beyond formal extended date - Provision of price escalation would not bind the claimant beyond scheduled date of completion - Having allowed the claimant to carry out the work much beyond the formal extended date, respondent cannot..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance - Husband is an able body person and not suffering from any ailment - Considering the price index as well as inflation, an amount of Rs.4000, as awarded by Court below, cannot be said to be on higher side...........
