Arbitration -- Interest - Pre-reference period - Arbitrator appointed with or without intervention of Court has jurisdiction to award interest on sums found due and payable for pre-reference period in absence of any specific stipulation or prohibition in contract to claim or grant any such interest...........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence or affidavit in a proceeding before a Court - Two conditions to be fulfilled are (i) a person has given a false affidavit in a proceeding before the court and (ii) in the opinion of the court it is expedient in the interest of justice to make an inquiry against such a person in relation to the offence..........
Criminal Procedure Code, 1973, Section 340, 195(1)(b) -- False evidence or affidavit in a proceeding before a Court - Appellant in an enquiry found to have made intentionally a false statement on oath - Directions for filing complaint - Appeal - One of the conditions for filing such complaint is that Court found it expedient in interest of justice to make an inquiry in..........
Consumer Protection Act, 1986, Section 21 -- Insurance claim - Goods sent on CIF contract but did not reach consignee and believed to have been stolen or lost in transit - The consignee was not in possession of any documents of title - The letter written by consignee showed that they had not paid the value of the missing merchandise - Held that insurable interest over the..........
Plot -- Auction - 25% amount to be deposited within 30 days and then possession to be delivered within 30 days - 25% auction amount deposited - Possession not given for three years because of existence of peepal tree and high tension wires - Resumption of plot for non payment of instalments - Held, instalments become due after expiry of one year from date of delivery of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Claim barred by limitation - Can be allowed if such an amendment is necessary in the interest of justice...........
Janta Personal Accident Insurance Policy -- Insurance claim - Repudiation - Ground that insured committed breach of law with criminal intent and company was not liable in view of provisos of clause 4(d) of the Provisions of the Insurance Policy - Insured alleged to have been murdered - He was given a 'fatta' blow, which resulted into his death - He did not die of natural..........
Courier Service -- Deficiency in service - Limited liability - Consignment of air ticket reached destination in Dubai on 21.5.1998 but not delivered by the OP on 22.5.1998 a holiday being a Friday - Son of the complainant had to purchase a new air ticket - Plea of the respondent that their liability undertaken in the contract limited to Rs. 100/- for loss or damage caused..........
Contract Act, 1872, Section 37 -- Loan - When fully repaid - Creditor has to return to borrower documents offered as security for loan - Creditor cannot withhold documents on ground that in some litigation unconnected with loan transaction, he was impleaded as party and that he had to incur expenses...........
Plot -- Residential scheme - Complainant applied for the plot - Deposited Rs.8000/- as earnest money - Not successful in the draw of lots - Plea of the complainant that he was entitled to be considered in all draw of lots and the OP was under obligation to float one scheme every year till the persons, including the applicant, were allotted plot on old rate repelled by the..........
