Consumer Protection Act, 1986, Section 2(1)(e), 2(1)(g) -- Consumer dispute - Loan transaction - OP is a financial institution or a lender in relation to the transaction in question - Complainant a borrower - Financial assistance or working capital or loan amount is to be released only in case execution of equitable mortgage and to comply further condition of sureties -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Cannot be decided merely on equitable grounds as it lies only on a substantial question of law, which is something distinct from a substantial question of fact - Second appeal cannot be entertained unless a substantial question of law is involved, as the second appeal does not lie on the ground of erroneous..........
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11 -- Petitioner took loan from respondent corporation by creating equitable mortgage - Respondent corporation filed recovery suit - Held, S.34 CPC will not apply, as it is a suit based on mortgage - It is O.34.R.11 which applies which provides that interest at the agreed rate can be allowed upto the date on or before..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused cheated Bank by obtaining loan against equitable mortgage of property under fake identity - Charge-sheet submitted against accused as well as against petitioner/employees of Bank, who were also charged for offences falling within Criminal trappings of Ss.468, 471, 420 IPC - Allegations against..........
Constitution of India, 1950, Article 226 -- Equity - Equitable jurisdiction - Has to be exercised to prevent perpetration of legal fraud and promote good faith and equity - Party whose claim is not founded on valid grounds cannot claim equity in his favour...........
Indian Penal Code, 1860, Section 302, 395, 295, Criminal Procedure Code, 1973, Section 173, 228 -- Anti Sikh riot case - Delay of 25 years in investigation and presentation of charge sheet - Quashing of the charge sheet sought on the ground that delay of 25 years was violative of Article 21 of the Constitution under which right to speedy trial is a fundamental right -..........
Motor Vehicles Act, 1988, Section 166 -- Loss of future income - Compensation - Victim, a painter, 30 years old at the time of accident - Suffered disability which did not allow him to paint as he did earlier - While awarding compensation Tribunal or Court must take a reasonable compassionate view of things and should fix a `just compensation' which suggests application of..........
Plot -- Re - allotment of plot - Refund - Interest - Allotment of plot in the year 2001 - The same re - allotted to respondent in the year 2003 - Since up to 2005 development work had not been completed petitioner communicated policy decision that interest on instalments which had fallen due till June 2002 will not be charged - At the time of transfer of the plot..........
Plot -- Re - allotment of plot - Refund - Interest - Allotment of plot in the year 2001 - The same re - allotted to respondent in the year 2003 - Since up to 2005 development work had not been completed petitioner communicated policy decision that interest on instalments which had fallen due till June 2002 will not be charged - At the time of transfer of the plot..........
Banking service -- Cheque dishonour - Compensation - Cheque dishonoured despite sufficient balance available in the account of the petitioner - On asking of respondent - OP the cheque again presented but same again dishonoured - The petitioner had to certainly face humiliation and loss of reputation on account of dishonor of the cheque second time - In the facts and..........
