Specific Relief Act, 1963, Section 23 -- Suit for specific performance - Material on record showed that plaintiff committed breach - Thus in view of stipulation in the agreement earnest money stood forfeited - Plaintiff not entitled for the refund of earnest money...........
Banking service -- Credit care - Unfair trade practice - Complainant only at fault to the extent that he did not make the payment of the amount of Rs 22,500/ - as settled vide letter dated 15.2.2007 within 20 days - But in the absence of any agreement between the parties regarding the charging of interest on the delayed payment the OP Bank could not charge the interest -..........
Agreement to sell -- Specific performance - Not necessary to seek relief of specific performance to plead that he was possessed of sufficient means - However when it is so pleaded then it becomes incumbent upon him to prove such a fact as well...........
Limitation Act, 1963, Article 64, Civil Procedure Code, 1908, Order 6, Rule 7 -- Adverse possession, alternative plea, inconsistent plea - Suit for injunction and fixation of boundary - Defendant claimed title in respect of suit property under oral agreement of sale allegedly executed with predecessor of plaintiff - Held, plea of adverse possession taken by such defendants..........
Agreement to sell -- Date for execution of sale deed extended - Agreement frustrated on account of acquisition of land for which neither plaintiff nor defendant can be held guilty of breach of contract - Defendant already received more than ten times of the sale consideration stipulated in the agreement - Held, on principal of equity, justice and good conscious plaintiff..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Permission to lead secondary evidence sought on the ground that neither the original agreement is in their possession, nor same is traceable - Application seeking permission to lead secondary evidence not supported by any affidavit of petitioners - Held, mere averment in the application that original agreement is not..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Home loan - Employee - Interest rate - Dispute as to - Loan advanced to the complainant when respondent - complainant was the employee of appellant - Thereafter respondent took voluntary retirement and executed a supplementary agreement whereby the concessional rate of interest granted to the respondent -..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Home loan - Employee - Interest rate - Dispute as to - Loan advanced to the complainant when respondent-complainant was the employee of appellant - Thereafter respondent took voluntary retirement and executed a supplementary agreement whereby the concessional rate of interest granted to the respondent-employee..........
Interest Act, 1978, Section 3 -- Interest - No stipulation in agreement as regards payment of interest - Interest cannot be granted under Interest Act, 1978, when notice is not served upon defendant calling him to pay interest on the principal amount...........
Interest Act, 1978, Section 3, Sale of Goods Act, 1930, Section 61 -- Interest - No stipulation in agreement as regards payment of interest - Interest cannot be granted under Interest Act, 1978 when notice is not served upon defendant calling him to pay interest on the principal amount - However, interest can be granted by virtue of S.61 of Sale of Goods Act, 1930 -..........
