Civil Procedure Code, 1908, Order 21, Rule 90, Civil Procedure Code, 1908, Order 34, Rule 5 -- Suit for recovery of money enforcing mortgage rights - Execution - Auction sale of mortgaged property - Objections filed U.O.21.R.90 dismissed - During pendency of appeal thereagainst decretal amount deposited - Held, right of Judgment debtor to get property redeemed is not lost..........
Specific Relief Act, 1963, Section 20 -- Waiver of right to seek relief of specific performance - Agreement to sell - Suit for specific performance decreed - In second appeal observation made in an interim order that vendor can refund earnest money and vendee can withdraw balance sale consideration deposited in the lower Court - Vendee accepted observations and received..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell house - Suit for specific performance - Agreement and payment of earnest money proved - Plea that possession cannot be delivered as defendant and his family residing in the house - Plea of hardship neither raised in written statement nor proved by the vendor - Trial Court ordered refund of earnest money - First..........
Vehicle finance -- Hire purchase agreement - Hire purchase agreement in the first instance requires that the ownership of the goods shall lie with the owner; and thereafter, letting the goods on hire to the consumer - But when the consumer is himself the owner, in possession of the vehicle there is no question of giving right of possession to him - Lending of money in such..........
Vehicle finance -- Repossession of vehicle by financier by force - Sold without informing the complainant - It would be unjust to direct the consumer to pay the balance amount, as alleged by financier to be outstanding - If such a relief is given to the money lender financier, it would be unjust enrichment to the money lender and against equity...........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Bonafide purchaser - Court empowered to grant specific performance against transferee of the property - Exception - Where the subsequent transferee has paid money in good faith without notice of original contract...........
Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 2(c) -- Venture or project when satisfies other requirements in definition, it falls under expression of 'Scheme'...........
Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 2(c), 2(e) -- Scheme workable on enrollment of members and consequent return of money - It is Money Circulation Scheme and not Prize Chit, in absence of draw of lots...........
Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 2(c) -- Absence of individual complaint alleging cheating - Irrelevant when offence affects public at large. (Indian Penal Code, 1860, Ss.415 & 420)...........
Guardians and Wards Act, 1890, Section 12, 8 -- Minor child - Custody - Welfare of child - Not to be measured by money or by physical comfort only - Welfare must be taken in its widest sense - Court has to consider the whole of the circumstances of the case...........
