Consumer Protection Act, 1986, Section 21(a) -- Builder - Agreement to construct and deliver possession of flat - Possession of flat handed over without completing pending work - Basic amenities not provided - Completion certificate not received - Reimbursement of amount spent in completion sought - Compensation for deficiency in services - Allegations denied by the..........
Arbitration Act, 1940, Section 14, 17, 30, 33 -- Arbitration - Jurisdiction - Arbitrator acting on written submissions - Must confine himself to terms of submission - Claims entirely unrelated to transaction covered by contract or reference - To be excluded - If the Arbitrator travels outside bounds of contract, his action has to be treated as without jurisdiction - He..........
Arbitration Act, 1940, Section 14, 17, 30, 33 -- Arbitration - Award - Extra earthwork - When earthwork was an extra work as envisaged under Paragraph 32 of the contract agreement, in the absence of any rate mutually agreed upon, the arbitrator clearly stood vested with the jurisdiction to determine both the quantum of the extra earthwork as well as the rate at which the..........
Civil Procedure Code, 1908, Section 64 -- Scope - Two essential factors which must co-exist to render a private transfer invalid or void are (1) Order of attachment (2) Thereafter private transaction of transfer or agreement to deliver the property...........
Agreement to sell -- Suit for specific performance - Pleadings - Pleadings prescribed in Forms 47 & 48 of Appendix A of CPC must be made in one or other way by plaintiff - On failure suit will not be maintainable and the same is liable to be dismissed - Pleadings required to be made in plaint - Must be pleaded in plaint itself and not in replication. (Civil Procedure Code,..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Agreement to sell - Specific performance - Agreement operating to create right of possession and its user of land in favour of other party - Also limiting and extinguishing right of defendants to continue in possession - Document is compulsory registrable - Non registration - Agreement not..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections -Agreement to sell in favour of objector executed prior to order of attachment -Suit for specific performance also pending in which an order of injunction passed restraining transfer of property - Objections to attachment filed without delay -Trial Court dismissed objections without affording a chance..........
Civil Procedure Code, 1908, Section 64 -- Private transfer - To render it invalid or void two factors must co-exist (1) Order of attachment (2) Thereafter private transaction of transfer or agreement to deliver the property - To come to this finding there must be reasonable and cogent evidence before the Court...........
Civil Procedure Code, 1908, Section 34 -- Interest - Pendente lite and future - No agreement for payment of interest - Only statutory interest is payable - Grant of 12% p.a. interest is not justified - Pendente lite and future interest allowed at 6% p.a...........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Minor - Agreement of sale executed by natural guardian of minor without permission of District Court - Not enforceable against minors even if the said agreement is found to be for the benefit of the minor - Minor can avoid such alienation by expressing his view and by his conduct without the necessity of filing a..........
