Banking service -- Housing loan - Interest rate - Clause 4(b) of the loan agreement did not provide for fixed rate of interest @ 13% p.a. - Both the Fora below have held that that given the facts the Bank was not justified in charging interest @ 13% p.a. fixed when the relevant clause provided for otherwise - The material brought on record on this issue confirmed the..........
Agreement to sell -- Suit for specific performance - Grant of damages & interest - Earnest money of Rs.85,000/- was paid by plaintiff - However, as per terms of agreement, a suit for a sum of Rs.1,70,000/- i.e. double the amount of earnest money was decreed by trial Court while declining relief of specific performance - As such plaintiff having claimed damages is not..........
Right to Information Act, 2005, Section 8, 9, 24 -- Right to information - Exemptions and exceptions - (i) Exclusion of the Act in entirety u/s 24 to intelligence and security organizations specified in the Second Schedule even though they may be 'public authorities', (except in regard to information with reference to allegations of corruption and human rights violations);..........
Insurance policy -- Insurance claim - Repudiation - Spices - Raw material - Packaging material - Plain reading of the conditions contained in the policy clearly indicates that packaging material as such is not covered by the policy - Packing material which is used to package the manufactured items cannot be categorized as raw material required for the manufacturing of the..........
Insurance policy -- Insurance claim - Repudiation - Spices - Raw material - Packaging material - Plain reading of the conditions contained in the policy clearly indicates that packaging material as such is not covered by the policy - Packing material which is used to package the manufactured items cannot be categorized as raw material required for the manufacturing of the..........
Insurance policy -- Insurance claim - Repudiation - Spices - Raw material - Packaging material - Plain reading of the conditions contained in the policy clearly indicates that packaging material as such is not covered by the policy - Packing material which is used to package the manufactured items cannot be categorized as raw material required for the manufacturing of the..........
Arbitration Act, 1940, Section 29, Interest Act, 1978, Section 3 -- Award of interest - Contract agreement, containing arbitration clause - Dispute having arisen, matter referred to arbitrator who made award allowing compound interest - Neither S.29 of Act of 1940 or S.3 of Act of 1978 empower Court or arbitrator to award interest upon interest nor there is agreement with..........
Agreement to sell -- Suit for specific performance - Clause in agreement of refund of advance with interest in case vendor fails to execute sale deed - Absence of a clause that in case vendor fails recourse for specific performance can be had through Court - Held, to seek enforcement of an otherwise valid agreement, being a legal right, and performance of the agreement,..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Housing - Flat - Non delivery of possession - Compensation - In Clause 8.1 of the agreement it was mentioned that the OP would offer possession on or before 30 months from the date of start of construction - OP sent an e - mail to the complainant in which again it was mentioned that the possession would..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Marine Insurance Policy - Insurance claim - Repudiation - Exclusion clause - Consignment of 500 M.T. of Soda Ash meant to be delivered to the complainant at its work at Bhiwandi by ship did not reach the destination as the vessel carrying the consignment and other Cargo was seized by the China authority and the..........
