Consumer Protection Act, 1986, Section 2(1)(g) -- Banking service -Hypothecation of tea bags with appellant bank by complainant - Permission sought by respondent for allowing sale of tea bags or to take possession of the same and disposal by bank - It was intimated that shelf life of tea is six months - Neither any reply given nor any other action taken by bank resulting..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor's property - Sale without permission of Court - Simplicter suit for possession without seeking relief of setting aside sale is not maintainable...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Specific Relief Act, 1963, Sections 5 & 31 - Alienation by guardian - Suit for possession simpliciter - Alienation of property of minors by natural guardian without the permission of the court - Sale not challenged - No prayer for setting aside the sale deed - Suit not maintainble, dismissed...........
Agreement to sell -- Specific performance - Agreement to sell 8.7.1977 and 17.7.1977 - Sale deed executed and registered on the basis of agreement dated 8.7.1977 - Agreement 8.7.1977 found to be ante dated - Relief of specific performance on the basis of agreement dated 17.7.1977 - Refusing relief of specific performance would result into unfair advantage to defendant as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357, 421 -- Dishonour of cheque - Fine and compensation - Recovery of compensation gets precedence over recovery of fine - If amount recovered is insufficient to meet both, amount recovered must first be applied in payment of compensation and action be taken to recover balance amount -..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Schedule II Article 17(iii) - Alienation of specific khasra number - Simpliciter suit for declaration that sale deed is null and void and not binding upon the rights of the plaintiff - Court fee payable is to be in terms of Schedule II Article 17(iii) of the Act - However, in case some consequential relief is sought then..........
Court Fees Act, 1870, Section 7(iv)(c) -- Schedule II Article 17 (iii) - Plaintiff in possession of suit land as a co-sharer - Sale of specific portion of land by defendent challenged - Plaintiff not party to the sale deed - Simpliciter suit for declaration without any consequential relief filed - Where consequential relief is asked for, Court Fee is payable in terms of..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Provision of O.21.R.64 is mandatory - Only such portion of the property is to be sold which is sufficient to satisfy the decree - Sale not in conformity with the mandatory provision is illegal and without jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 92, 94 -- Auction sale - Sale becomes absolute on confirmation - It cannot be said to attain finality only when sale certificate is issued...........
Limitation Act, 1963, Article 134 -- Auction sale - Possession - Limitation - One year - Starts to run from date of confirmation of sale and not from date of issuance of sale certificate - Sale becomes absolute on confirmation of sale and not on issuance of sale certificate...........
