Consumer Protection Act, 1986, Section 13(2)(1)(a) -- Written statement -Cold storage service - Deficiency in service - Despite giving opportunity petitioner neither filed written statement nor appeared on the date fixed and order passed by the District Forum - Plea of the petitioner-OP that District Forum did not allow them the opportunity to defend repelled - Written..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque theory - Cheque signed by drawer - Cheque filled up by some other person putting the date and amount - Drawer cannot get absolved of the liability u/s 138 of the Act...........
Plot allotment -- Alternative plot - Price - Interest - Delay in delivery of possession - Respondent-authority directed to maintain the original rate demanded for the original plot - Further petitioner-complainant to get interest @15% p.a. from the date of depositing against the original plot till 01.10.1996 and interest @ 2% from 01.11.1996 to 11.07.1997 along with cost..........
Civil Procedure Code, 1908, Section 35B -- Costs - If on the date fixed for payment of costs the issue of payment of costs is not raised by either of the parties or taken notice of by the Court then impliedly the waiver of the right would arise - Therefore on subsequent dates it is not open to the parties to re-open the issue at their will and seek barring of further..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Stay of eviction order - Shop let out at Rs.1500/- p.m. - Mesne profits assessed at Rs.18, 000/- p.m. keeping in view the rent prevailing in the area at the relevant time - Mesne profits payable from the date of stay order i.e. 11.7.2001 - Amount already paid as rent to be adjusted against amount of mesne..........
Mesne Profits -- Code of Civil Procedure, 1908, Order 20 Rule 12, Order 21 Rule 26 - Ejectment petition filed by landlord - Rent Controller ordered ejectment - Upheld by the Appellate Authority - High Court in Revision stayed dispossession - During pendency of Revision arrears of rent paid - Application for determination of Mesne profits filed - Contention that acceptance..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1983, Sections 14 and 15 - insurance claim - Repudiation on ground of invalidation of Driving licence - License of driver expired on 12.04.1996 -Accident took place on 14.05.1996 - Even if benefit of 30 days from 12.04.1996 is given, in case he had applied for renewal of license even then on the date of..........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchasers for value & consideration - Sale deed executed on the basis of power of attorney - Executant of power of attorney died long before the date of execution of alleged attorney and sale deed - Power of attorney and sale deed forged & fabricated - Vendor had no right, title and interest in suit land - Plea of..........
Punjab Co-operative Societies Rules, 1963 -- of Appendix - C - Elections of Board of Directors of Central Co-operative Bank - Election programe providing for submission of resolution/ nomination papers by member societies on 11.3.2006 - Election to be held on 20.3.2006 - Rule 10(1) provides that copy of resolution/nomination paper to be presented 4 days prior to date of..........
Land Acquisition Act, 1894, Section 23 -- Market value of acquired land - Has to be assessed with reference to date of Sec. 4 notification, keeping in view price which a willing seller would pay to a willing purchaser...........
