Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Works contract - Cheque of Rs.10 lakhs issued towards part payment of Rs.83.90 lakhs - Cheque returned on technical grounds - Cheque amount transferred through RTGS on the same day - No material placed on record that an amount of Rs.83.90 lakhs was due for payment and cheque was re-presented towards..........
Protection to life and liberty -- Muslim marriage - Boy is 21 years of age and girl is 16 years of age - Girl was competent to enter into a contract of marriage with a person of her choice as per Muslim Personal Law - Merely because petitioners have got married against wishes of their family members, they cannot possibly be deprived of fundamental rights as envisaged in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Arbitration proceedings - Dispute between two signatories of contract - Impleadment of third person is thus, not necessary, who is an alien to an agreement, who is not at all affected nor a signatory to it and who is not at all necessary to be impleaded in order to get it determined and..........
Industrial Disputes Act, 1947, Section 25F -- Termination from service - Appointment of petitioner was not on `contract' basis - Terms of appointment stipulated that service of petitioner could be dispensed with any point of time, particularly on completion of work, however, that does not absolve employer from compliance with statutory provisions as contained in S.25 of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery - Liquidated damages - UOI claims compensation on basis of exception clause - Such being undisputed position, order of rejection of plaint U.O.7.R.11 CPC is incorrect - Moreover, once arbitrator had no jurisdiction to arbitrate on levy of liquidated damages on account of contract..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Damage to property due to riots or use of violent means - Repudiation of claim on basis of exclusion clause in policy regarding loss or damage caused by acts of terrorism - Insurance company failed to discharge the burden of bringing the case within four corners of exclusion clause - Insurance company is bound..........
Agreement to sell -- Specific performance - Readiness and willingness - Once execution of agreement of sale and receipt of substantial amount towards sale consideration is established, there is nothing more to be proved by agreement holder to establish his readiness and willingness to perform his part of contract...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed without receiving any consideration - An agreement made without consideration cannot be held as void, if it is registered under Law or it does not mention about unpaid..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
Agreement to sell -- Specific performance - Concurrent findings of facts of three Courts in favour of plaintiff with regard to plaintiff having proved his readiness and willingness to perform his part of contract - Plaintiff deposited the amount as directed by trial Court before execution of sale deed - No interference warranted in said findings - Suit rightly decreed...........
