Syndicate Bank (Employees') Pension Regulations, 1995 -- Clause.22(2) - Denial of pensionary benefits - Interruption in service - Forfeiture of past service - Appellant initially joined as Law Officer in Bank, and while on deputation appointed as Presiding Officer, DRT - No Objection Certificate was obtained from Bank by appellant - Fact that appellant did not report back..........
Agreement to sell -- Breach of agreement - Forfeiture of advance amount - Advance amount cannot be forfeited by merely relying upon clause in the agreement entitling forfeiture of advance amount, in absence of proof of loss caused on account of breach by plaintiff - Defendant entitled to forfeit 10% of advance on account of breach of contract by plaintiff - However,..........
Transfer of Property Act, 1882, Section 115 -- Benefit of S.115 of the Act - Claimed by Sub-tenants - Termination of lease by lessor - DH/lessor terminated lease of suit property because of breach of terms and conditions of lease by JD - It is not a case of surrender of lease by JD, as it is a case of forfeiture or termination of lease by DH - Moreover, clause in lease..........
Agreement to sell -- Suit for specific performance - Refund of advance amount - Where money paid is part of sale price, forfeiture clause will be treated as having effect of penalty - Even in absence of a prayer for refund of advance sale amount by plaintiff, with a view to render complete justice, Court is empowered to mould relief and to issue appropriate direction to..........
Companies Act, 1956, Section 397, 398 -- Company Petition - Maintainability - Company petition against act of removing two members of Sanwalka Group from Board of Directors and inducting two others of Gupta Group in their place - As per the clause 18, member whose shares have been forfeited shall not be entitled to claim the sale proceeds of such shares - However, call..........
Transfer of Property Act, 1882, Section 108(c), (1), 111(g) -- Non payment of rent by tenant - Absence of forfeiture clause in terms of lease - There can be no forfeiture either by inference or by implication - Contract must contain an express condition that non payment of rent will enable the landlord to re-enter the premises regardless of the duration of the lease -..........
Agreement to sell -- Forfeiture of earnest money - Transaction falling through by reason of default or failure of purchaser - Part payment of purchase price cannot be forfeited unless it is a guarantee for the due performance of the contract - In other words, if the payment is made only towards part payment of consideration and not intended as earnest money then the..........
Consumer Protection Act, 1986, Section 2(r)(i)to(x) -- Unfair trade practice - Jurisdiction - Consumer Fora - Striking down of the Act or Rules or Clauses of lawful agreement - Housing - Booking of house - Forfeiture clause - On cancellation of booking - Striking down of forfeiture clause by the State Commission - Not the case of the respondent that the petitioner had..........
Insurance claim -- Life insurance - Policy Servicing Manual No. 11, Clause 4.2 - Non - forfeiture Regulations - Insurance Company had received premium only for two years - Insured died before payment of third premium as cheque could not be encashed due to death of account holder and the policy was in lapsed condition - The petitioner allowed the claim of 50% in terms of..........
Haryana Urban Development Authority Act, 1977, Section 17 -- Plot - Resumption - Non-payment of amount as stipulated in allotment letter - Forfeiture clause in the allotment letter as a consequence of non compliance or violation of the conditions of allotment - Enforcement of forfeiture clause after more than 500 days - Does not involve any compliance of principles of..........
