State Financial Corporations Act, 1951, Section 29 -- Recovery of outstanding amount - Statutory powers vested in the State Financial Corporation under the State Financial Corporation Act, must be exercised bonafide and in public auction adequate publicity must be given to ensure maximum participation of bidders in the sale...........
Consumer Protection Act, 1986, Section 2(1),(f),13(1),(c), Sale of Goods Act, 1930, Section 16 -- Cola drink - Pepsi bottle proved to be contaminated - Plea that there was no privity of contract between complainant and the first opponent - Plea not acceptable - There was a violation of implied conditions with regard to quality and fitness of goods in question as its very..........
Consumer Protection Act, 1986, Section 2(1),(e) -- Loan - Hire purchase agreement - Installments not paid as per agreement despite notice - Vehicle re-possessed and sold in auction - Held that if the act of the OP in re-possessing the lorry is illegal or if the sale of the vehicle by the OP acting under the provisions of hire purchase is also alleged to be illegal, the..........
Agreement to sell -- Suit for specific performance - Uncertainty in agreement of sale alleged - Terms and conditions agreed between parties not uncertain - Actual extent could not be given because of happening of expected road widening - Agreement cannot be said to be unenforceable. (Contract Act, 1872, S.29)...........
Civil Procedure Code, 1908, Section 64, Order 38, Rule 5, 10, Transfer of Property Act, 1882, Section 40 -- Agreement of sale - Executed prior to order of attachment before judgment - Held, agreement of sale prevails over the attachment...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Exclusion of time spent in litigation - Complaint filed before the District Forum after two years two months and eight days of sale of car - Complainant spent a period of 8 months in litigation at Patiala - The period of eight months liable to be excluded from this - The complaint clearly falls within the period of..........
Unfair trade practice -- Car - Sale price - The car was sold and delivered on 27.01.1999 and price on that date was Rs.3,96,586 - O.P. No.2 charged Rs.4,55,720.85, the price relevant on some earlier date - Held that it clearly amounts to unfair trade practice and deficiency in service...........
Sale of Goods Act, 1930, Section 42, 55 -- Supply of goods - Suit for price - Four IP sets burnt after installation - No evidence to show that four sets which were burnt after installation was on account of manufacturing defect - To establish such a case, it was necessary for defendant to have referred the machineries to the experts for their opinion - Defendant is liable..........
Motor Vehicles Act, 1939, Section 110A, 2(19) -- Accident - Claim petition - Plea of registered owner that possession of vehicle was with subsequent purchaser - Registered owner failed to prove sale or handing over of possession of vehicle in question - Even otherwise any condition absolving registered owner of his liability would be against public policy - Registered..........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 90, 92 - - Auction sale of land - Cancellation of - Ground that land sold to petitioner on the low rate and earlier sale fetched higher rate of the similar land - Held that inadequacy of the price alone may not constitute the basis of setting aside the sale where there was no violation of the Rule 92 of..........
