Consumer Protection Act, 1986, Section 2(1) -- Banking Service - Deficiency in service - Complainant submitted a cheque for Rs.13,122/- for realisation and credit of the amount in his account with the bank - Bank delayed clearance of the cheque by about 9 days and in the meantime, cheque issued by the complainant for a sum of Rs.22,836/- alongwith application for allotment..........
Consumer Protection Act, 1986, Section 20(c) -- Appeal - Settlement of claim - Inordinate delay on part of Opposite Party in settling claim - Complainant rightly enquired about interest payable for long delay - Interest at the rate of 18% awarded...........
Court Fees Act, 1870, Section 4 -- Memorandum of appeal - Should be properly stamped - Court has power to refuse to accept memo of appeal which is insufficiently stamped - S.149 CPC mitigates the rigour of S.4 - Court to harmonise provisions of both the Court Fee Act and CPC by reading S.149 CPC and proviso to S.4 and allow deficit to be made good within a period of time..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Property sold when the period of limitation for filing appeal had not yet expired - Transfer is hit by the doctrine of lis pendens...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - An appeal or execution proceedings is a continuation of the suit and lis pendens continues during the appeal or execution...........
Civil Procedure Code, 1908, Section 100 -- Second appeal When Courts below committed a grave irregularity or patent illegality in interpreting the document or by ignoring the facts which can change the fate of the case altogether, High Court in second appeal can invoke its powers...........
Partition -- Property under mortgage - Redeemed by the co-owners-Concurrent findings of the Courts below that there was no private partition and all the co-sharers Jointly redeemed the property - Claim of the appellant that die plaint schedule property had fallen to his share through private partition was rejected - Appeal dismissed...........
Hindu Law -- Joint Family Property - Sale - Whether for legal necessity? Trial Court held that sale was not for legal necessity - Appeal - High Court concurred with view taken by trial Court - However, question of necessity to execute such a sale deed not dealt with by the High Court - Observations made are factually not correct and contrary to material available on record..........
Hindu Marriage Act, 1955, Section 13, 28 -- Death of husband during pendency of appeal filed by wife against decree of divorce granted in favour of husband -Wife is entitled to continue the appeal to be decided on merits...........
Tender -- Respondent No. 1 whose bid was the lowest, not awarded the contract on ground of being black-listed by the Water Resources Department in 1991 - High Court set aside the decision of the Tender Committee on the ground that the order of black-listing was not valid since the same was not communicated to the respondent -Held, that at the relevant time the Tender..........
