Motor Vehicles Act, 1988, Section 166 -- Compensation - Enhancement - Sought on basis of correct assessment of income and multiplier - Salary certificate of petitioner not proved formally - Deceased was taken as labourer and his income rightly assessed - As deceased was only 32 years of his age multiplier increased from 14 to 16 - Compensation enhanced from Rs.2, 02, 000/-..........
Civil Procedure Code, 1908, Order 37, Rule 1, 2 -- Summary suit - Leave to defend - Interest in addition to principal sum claimed - Receipt in question silent in regard to payment of interest and rate thereof - In absence of any stipulation regarding payment of interest and rate of interest the same can be decided only on basis of evidence to be led by parties -..........
Consumer Protection Act, 1986, Section 21(a),(i) -- Pecuniary Jurisdiction - Complaint by 199 allottees of Welfare Association a registered body under the Societies Registration Act, 1860 - Preliminary objection that individual allottee of house should approach the appropriate forum in the light of pecuniary jurisdiction repelled - Held that once the complainants have come..........
Consent decree -- Flat offered as security in case of failure to pay decretal amount - Decree not creating any right, title and interest in favour of the plaintiff in respect of the flat - Consent decree did not require registration. (Registration Act, 1908, S.17)..........
Consent decree -- Security of immovable property mentioned in consent terms/decree is included in the expression 'subject matter of the suit' of S.17(2) Registration Act - Registration of decree in such cases not necessary. (Registration Act, 1908, S.17(2)(iv)...........
Contract Act, 1872, Section 23 -- Bank loan for construction of building - Bank agreed to take on rent entire first floor and mezzanine floor for running a branch therein - Building however could be used only for residential purpose - Bank now shown to be aware of said fact - Hence, agreement and lease deed is void as per S.23 - Defendant is guilty of making false..........
Deposits -- Non-payment of maturity value - Held that the role of the appellant was only to accept the deposit for and on behalf of the Respondent No.2 and to remit the amount to the company for being deposited which it did - The appellant is not liable for the payment of maturity value with interest thereon and costs - Respondent No.2 liable to pay the maturity value with..........
Contempt of Courts Act, 1971, Section 12 -- Contempt - Punishment - Order allowing contemnors to withdraw security money only against bank guarantee - Contemnors knowing that there was no subsisting bank guarantee yet withdrew amount - Contemnors continued with its contumacious conduct with impunity even after issuance of contempt notice - Undertaking given to Court was..........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Part payment of decretal amount from time to time - Adjustment - To be applied first towards the decretal amount which bears interest or which carries interest - It is not open for the D.H. to appropriate payments received by him to that part of the decretal liability which did not bear any interest...........
Consumer Protection Act, 1986, Section 24,A(1),24A(2) -- Limitation - Complaint instituted in August claiming interest on refund of earnest money refunded on 19.1.1997 - Plea that he submitted representation on 9.1.1999 which revived cause of action and he is having continuing cause of action repelled - Appellant did not move any application before the District Forum..........
