Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(d) -- Contract Act, 1872, Section 73 - Banking Services - Interest - Call deposit - Non-payment of maturity amount - Plea of appellant-Bank that all deposits at higher rates issued by mistake and also conversion thereof into FDRs from retrospective effect was done inadvertently - Held that it could not be said that..........
Consumer Protection -- Contract Act, 1872, Sections 72, 73 - Kisan Vikas Patras - Issued to Karta of HUF irregularly and wrongly in contravention of the Rules - Retaining of said amount is not a contract and would amount to a tort - Complainant would be entitled to return of the principal amount u/s 72 of the Contract Act - Regarding interest, the explanation to second..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Indian Contract Act, 1872, Section 126, Banking Regulation Act, 1949, Section 6(a) -- Encasement of Letter of Credit - Interim Injunction against - Sought - Order for supply of steel scrap pleaded by plaintiff - Company with defendant - Company - Payment was to be made to defendant through transferable since Letter of Credit..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Marine Insurance Act, Section 33(2) - Insurance claim - Compensation - After issue of cover note whatever amount was demanded by the OP that was paid and policy was issued - Held it was absence of good faith on the part of the OP who despite having received the demanded amount did-not adhere to the terms of the..........
Agreement to sell -- Suit for specific performance - Delay - Hardship to vendor - Where vendor accepted part payments from time to time without any demur, redeemed mortgage only upon receipt of payment from vendee, he cannot be permitted thereafter to take the plea that Court should not exercise its discretionary jurisdiction in view of hardship which he would face...........
Consumer Protection Act, 1986, Section 2(1),(d), Insurance Act, 1938, Section 64VB -- Consumer - Insurance claim - Repudiation - Ground of non concluding of contract of policy - Offer of proposal of insurance for back dating to the age of 1941 and for accepting the same by LIC - Deceased was under an obligation to make the full payment of the premium which he did not do..........
Rent and Eviction -- Non payment of rent - Agreement to sell with tenant - Tenant asserting that he is in possession in part performance of agreement of sale - Not mentioned in clear terms in agreement that relationship of landlord and tenant has been terminated and that tenant is under no obligation to pay rent - Tenant remains tenant and he is liable to pay rent - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Part payment made - Cheque presented for the entire amount and dishonoured - Notice issued for the balance amount due - As demand is for the lesser amount than covered by the cheque as such it is not a valid notice - Accused is entitled for acquittal...........
Capital of Punjab (Development and Regulation) Act, 1952, Section 11D -- Resumption of site for infringement of conditions of sale on ground of misuser - Writ petition for quashing order of resumption dismissed by High Court holding that if appellant moved an application u/s 11-D of Rules, 1960, the same shall be decided by authority - Estate Officer allowed application..........
Criminal Procedure Code, 1973, Section 446(3) -- Bond - Forfeiture - Court forfeiting the surety cannot remit or order part payment of the penalty after imposing such penalty at any later stage...........
