Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection/return of plaint - Deficient Court fee - Valuation of suit property is mixed question of fact and law - Even, valuation of property is subject matter of trial and upon determination of exact value thereof exact quantum of Court fee can be arrived at - Moreover, since valuation itself is disputed by defendant, it..........
Service -- Selection process - Cancellation of candidature - On the ground that appellant was colour blind - Corporation nowhere in express terms indicated that colour vision deficiency in any form or degree is a bar to employment for Assistant engineer (AE) - Appellant is fit in all senses of terms to discharge the duties attached to the post he applied and was selected..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Insurance claim - Repudiation - Insurance was claimed by appellant towards damage caused to stock in cold storage due to leakage of ammonia gas - Leakage of ammonia gas was the outcome of an accident which was not foreseen and beyond the control of appellant and not covered by any of exceptions in..........
Stamp Act, 1899, Section 36 -- Deficient stamp duty - S.36 of the Act debars Court from calling in question any instrument which has been admitted in evidence on account of deficiency in stamp duty...........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - It is not mandatory that deficiency in stamp duty must be recovered alongwith penalty equivalent to 10 times of actual stamp duty...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Burden of proving deficiency in service would always be upon person alleging it...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - There could not be any presumption with regard to wilful fault, imperfection, shortcoming or inadequacy in quality, nature and manner of performance in service as contemplated in S.2(1)(g) of the Act - Burden of proving deficiency in service would always be upon the person alleging it...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Purchase of flat - Any deficiency detected post purchase opens up an avenue for aggrieved consumer to seek relief before consumer fora...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Purchase of flat - Deficiency in service - Building completion certificate - It is duty of the person intending to erect a building or to execute works to apply for completion certificate - It is no part of flat owner's duty to apply for a completion certificate - Taking possession without completion..........
