Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Delay of 36 days in filing the appeal on the part of the Appellant - Contention of the appellant that the decision to file appeal was postponed in view of the civil suit filed by the beneficiary of the deceased in the civil court at Ferozepur, repelled on the ground that the decision of the civil..........
Specific Relief Act, 1963, Section 12 -- Part performance - Ingredients - (i) if a party to an agreement is unable to perform a part of the contract, he is to be treated as defaulting party to that extent and (ii) Payment of the whole of the agreement amount for that part of the contract which is capable of being performed and relinquishment of the claim in respect of..........
Insurance claim -- Deficiency in service - Shopkeeper's Insurance Policy - Repudiation of claim by insurance company done in good faith and based on materials collected pursuant to enquiry - Delay in repudiating claim due to the fact that some clarifications were required to be obtained from Survey Report - Held that it does not amount to deficiency in service - District..........
Limitation Act, 1963, Article 136 -- Final decree passed on 20.11.70 - On 28.2.72 notice to furnish requisite stamp paper by 17.3.72 issued - Requisite stamp papers filed on 26.3.84 by L.R's as D.H. died - Execution filed on 21.5.84 - Limitation of 12 years starts to run from 20.11.70 the day final decree was passed - Furnishing of stamp paper was an act entirely within..........
Prevention of Corruption Act, 1988, Section 13(1)(e) and (2, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21 -- Public servant - Possession of wealth disproportionate to known sources of income - Case registered on 4.2.1994 - Charge sheet filed on 23.3.2001 - Public servant retired on 31.1.2000 on attaining age of superannuation - No..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Provision of S.5 of the Act to be construed liberally where the bonafide of the petitioners in bringing the fact situation on record is not doubted...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - `Sufficient cause' - Past conduct - Not relevant for deciding the application...........
Housing -- Delay of 10 years in allotment of house floated under no profit no loss - Direction by District Forum to refund the deposited amount with interest @ 15% with compensation of Rs. 10,000/- for metal agony - Plea of the appellant Board that delay in allotment was only on account of contractor repelled as the contractor was the agent of the Board - Compensation in..........
Railways -- Deficiency in service - Compensation - Delay of 2 hours in leaving the train as announced - Plea of the respondent complainant that he suffered mental agony and inconvenience - Held that merely repeated announcement per se cannot constitute proof that there was negligence on the side of the railways - The findings of the District Forum that there was negligence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Mandate of provision - If in following the mandate strictly, there will be delay in trapping an accused, which may lead the accused to escape, then prosecution case should not be thrown out...........
