Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Compensation - Delay in completion and handing over of possession is not disputed - Such failure constitutes deficiency in service - Appellant failed to secure requisite occupancy certificate - Appellant directed to obtain requisite Occupancy..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Interest - Having regard to totality of circumstances, i.e. prolonged delay, failure to obtain mandatory statutory approvals, repeated non-compliance with directions of Supreme Court and long deprivation suffered by respondents despite payment of..........
Consumer Protection Act, 2019, Section 67 -- Consumer complaint - Joint Development Agreement (JDA) - Delay in delivery of possession - Deficiency in service - Landowners executed GPA in favour of developer to enter into Sale Agreements, execute conveyances, receive consideration and complete registration formalities in respect of developer's share - Construction has to be..........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - Alienation or sale of undivided share is not prohibited - Any one of co-owners can deal with his share and sell property as per S.44 of the Act for such sale - Only exception is purchaser cannot seek joint possession - Sale of property by some of co-owners cannot be held, as void ab initio - However, sale is..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Payment of compensation or financial assistance to families of deceased cannot be treated as a ground for quashing criminal proceedings arising out of an offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Offence u/s 304-A IPC is not merely between accused and complainant but have a direct nexus with public safety - Acceptance of a compromise in such matters would be contrary to larger public interest - Quashing petition dismissed...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death by rash and negligent act - Compromise - Quashing of FIR - Incident occurred at a workplace involving shuttering and structural activity, where two labourers have lost their lives after allegedly falling from a beam - Determination of role of petitioners, nature of their duties and..........
Service -- Termination - Appellants were terminated because institution in which they had studied was declared to be unrecognized - They cannot be said to be at fault as they had studied in the University, which has been set up under the 2002 Act enacted by the State Legislature - Appellants should not be deprived of the benefits of the degree obtained by them while..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation that appellant used to suspect character of his wife and allegedly subjected her to mental harassment on that basis - Suspicion, however strong cannot take place of proof - Witnesses have deposed about suspicion and strained relations but have not attributed any specific overt act of instigation,..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 220 -- Dishonour of multiple cheques - Single complaint - Whether maintainable - Single complaint relating to dishonour of multiple cheques issued by accused in one series of acts so connected together as to form same transaction, is maintainable in view of S.220 Cr.P.C...........
