Consumer Protection Act, 1986, Section 27 -- Housing society - Refund of amount - Respondent No.2 was chief promoter of appellant society who received necessary amount from complainant - Neither apartment was allotted nor amount refunded to complainant - Held, responsibility to refund amount primarily lies on respondent No.2 and in event of his failure on appellant..........
Evidence Act, 1872, Section 63, 65 -- Photostat copy - Secondary evidence - Admissibility - Objections as to - Held, objections must be taken at earliest by opposite party after photostat copy is tendered in evidence - When opposite party raises objection as to authenticity of photostat copy its authenticity has to be determined as every copy made from a mechanical process..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 10A, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 6(6) - - Cancellation of lease - Validity - Gram Panchayat leased out village pond for stocking fish for an amount of Rs.65,000/- per year - Lease period was fixed as seven years with a stipulation that after three years, there will be 25% increase in..........
Service -- Pay fixation - Ex army man re-employed as Clerk - Opting for minimum of scale - Also getting pension and other perquisites - Held, employee not entitled to higher pay which was initially fixed erroneously - Employer entitled to recover excess amount paid, if any...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Appeal against acquittal - Acquittal upheld - Theory regarding demand of bribe found uncorroborated - No verification of demand was attempted by seizure officer - Amount was not recovered from personal search of accused - Numerous cases of defalcation pending against complainant -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Deceased was 19 years old and was a student of Engineering course - Age of parents of deceased is 45 and 42 respectively - Held, ends of justice will be served by awarding lump sum compensation of Rs.7,00,000/- - Appellants shall be entitled to compensation of Rs.7,00,000/- with interest @ 6% per annum on enhanced amount..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Unconditional leave to defend - Grounds on which leave to defend sought, plausible for the reasons : (i) of the loan in repayment of which cheque is claimed to have been given, being in cash and without any writing; (ii) there being nothing to show that there was a loan transaction; (iii) when the parties executed a..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Factors to be taken into account are : (a) Status of the parties; (b) Reasonable wants of the claimant; (c) The independent income and property of the claimant; (d) The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home; (e) Non-applicant's..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Calculation of amount to be deposited by JD - Challenge to - High Court found calculation in order but chose to give one opportunity to judgment debtor to deposit the amount - Held, exercise of discretion by High Court cannot said to be erroneous or contrary to Law - No interference is called for - SLP dismissed in limine...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complainant received the cheque amount and executed a receipt - Nothing on record to suggest that receipt in question had not been signed by complainant - Held, since complainant had received amount in question, therefore, trial Court rightly ordered acquittal of accused - Appeal..........
