Consumer Protection Act, 1986, Section 12, 2(1)(f) -- Consumer complaint - Car - Manufacturing defect - Excessive heat was generated in the car and center hump on the floor over the drive shaft was felt excessively heated as also the left side of the center hump - Such overheating of the surface of hump and overall high temperature in the car was a fault, imperfection or..........
Agreement to sell -- Specific performance - Relief of specific performance cannot be denied to plaintiff merely because plaintiff has alternative remedy of refund of amount as per agreement in case of breach of contract, particularly when defendant admitted the execution of agreement and amount received for construction of house and utilization of said amount for..........
Indian Penal Code, 1860, Section 420, 415, 418, 405, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Breach of contract would not attract breach of trust or cheating - Merely for breach of contract, criminal proceedings would not lie and the remedy in case of breach of trust is to sue for damages - Proceedings quashed...........
Indian Penal Code, 1860, Section 405 -- Offence u/s 405 IPC - Mere breach of contract does not constitute offence u/s 405 IPC without there being care of entrustment...........
Evidence Act, 1872, Section 120 -- Examination of husband, to give evidence, in place and instead of his wife or vice versa is permissible even in the absence of a written contract - Such a witness is entitled to depose not only the facts within his/her knowledge but also within the knowledge of his/her spouse...........
Evidence Act, 1872, Section 120 -- Examination of husband, to give evidence, in place and instead of his wife or vice versa is permissible even in the absence of a written contract - Such a witness is entitled to depose not only the facts within his/her knowledge but also within the knowledge of his/her spouse...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant offered to get sale deed executed in favour of plaintiff - Plaintiff in such circumstances, was required to take steps to honour the agreement - However, plaintiff did not take any step for more than one year - Plaintiff thus, was not ready and willing to perform his part of contract -..........
Partnership Act, 1932, Section 42(c) -- Partnership firm - Death of a partner - Firm stands dissolved automatically unless and until there was a contract between remaining partners of firm to the contrary - Business activities even if carried on by remaining partners of firm after death of partner, would be deemed to be carried in their individual capacity...........
Indian Penal Code, 1860, Section 498A, 506, 34, Indian Contract Act, 1872, Section 28 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - Parties are not Muslim by religion, therefore there cannot be any divorce by mutual consent without approaching Court - Any contract which prohibits a party from taking legal action is a void contract...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Work contract - Quantification of damages would require entering into disputed questions of facts and hence, High Court ought to have relegated petitioner to competent Court for claiming damages, if so advised...........
