Right to Information Act, 2005, Section 6, 8(1)(d), 11 -- Tender by Govt. - Experience certificate issued by one company in favour of successful bidder was challenged - Every person who was not a tenderer nor participated in bid has right to get information about the documents filed by various bidders - Once tenders are invited by public authority and on the basis of..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Tubewell connection - Applied for on 22.11.1992 - Demand notice issued on 9.9.1994 and test report thereafter submitted - Vide letter dated 29.1.2002 respondent asked to deposit Rs.20,000/- in terms of Sale Circular 77 of 2001 - The deposit being not made test report allegedly cancelled - No evidence filed to show..........
Electricity supply -- Connected load - Unauthorised use - Excess load of 12.840 KVA was found connected for use in the residential portion whereas the sanctioned load of 7.5 BHP was for tubewell the charges for which were being paid on flat rate - Held that petitioner was fully justified in imposing the penalty and demanding Rs. 1,66,757/- by issuing notice - Orders passed..........
Evidence Act, 1872, Section 45 -- Expert opinion - Building expert - Visited the spot without giving notice to tenant - However, tenant present at the time when he visited spot - Not a ground to discard report of expert...........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent purchase - Bonafide purchaser - Burden of proof - Suit for specific performance of agreement to sell - Burden lies on subsequent purchaser to prove that he is a bonafide purchaser without notice of the prior agreement -Plaintiff not to show that..........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent/bonafide purchaser - Denial of having no notice of previous agreement - Discharge of onus - Shifting of burden - Depends on facts and circumstances of each case - No hard and fast rules can be laid down - In some case, even mere denial by subsequent..........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent purchaser from vendor - Suit for specific performance - Subsequent purchaser merely denying having no notice of the previous agreement - Plaintiff and subsequent purchaser first cousin and resident of same village - Litigation between vendor and..........
Vehicle finance -- Repossession of vehicle - Before repossession no registered notice is given - Before sale also no notice is given - The vehicle was sold without following the procedure allegedly required to be followed - Held to be high handedness on the part of financier...........
Education -- Admission - Cancellation of - Refund of fee - As per column in the admission form a candidate bound to give information if there was expulsion or disqualification for misconduct etc. for use of unfair means in any examination - In case of respondent-complainant it is alleged that his entry was banned as he was source of nuisance and was suspended from..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication & Rejoinder - `Replication' in usage means reply to defendant's plea or answer - `Rejoinder' is used in common law pleading as answer to the plaintiff's replication - In language the words replication and rejoinder are almost synonymous - Replication cannot be filed as a matter of right and leave of Court is..........
