Contract -- Non performance of reciprocal promises by the other party - Refusal of a contractor to continue to execute the work, unless the reciprocal promises are performed by the other party, cannot be termed as abandonment of contract. A refusal by one party to a contract, may entitle the other party either to sue for breach or to rescind the contract and sue on a..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Breach of bond conditions - Involvement in a criminal case registered subsequently - Order sending to custody due to violation of bond passed after affording due opportunity to appellant - High Court rightly affirmed said order - No interference warranted in said order...........
Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 14B -- Damages - Default or delay in payment of EPF contribution is a sine qua non for imposition of levy of damages u/s 14-B of the Act - Mens rea or actus reus is not an essential element for imposing penalty/damages for breach of civil obligations/liabilities...........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Accused being a public servant misappropriated public amount - PW5 has deposed that accused was responsible for non-crediting amount in savings accounts of customers - Testimony of PW5 is reliable - Accused rightly convicted u/s 409 IPC...........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Reduction of sentence - Accused was in judicial custody for 5 months - Case was lodged in 1982 and since then accused had to continue and pursue with appeal - Accused has been pursuing criminal case and criminal appeal for more than 34 years - He has suffered mental pain and agonies - Accused was placed..........
Transfer of Property Act, 1882, Section 54 -- Sale deed by power of attorney holder - Plea of breach of duty by selling property below the agreed price by power of attorney holder - Cannot invalidate sale or render it null and void as perusal of the power of attorney will make it clear that any restriction on the price is conspicuous by its absence in the power of..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - For seeking prosecution of an accused for offences of cheating and breach of trust, intention to cheat must be existing at the inception of transaction - Subsequent development of such intention would not create an element of criminality in the act complained of...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - Dispute is regarding dishonor of cheque - Only permissible remedy available to complainant would have been to file a complaint u/s 138 of Negotiable Instruments Act - However, no action is taken under said Act - Moreover, accused has not been imputed the intention to cheat complainant at the..........
Consumer Protection Act, 1986, Section 24A, Limitation Act, 1963, Section 22 -- Consumer complaint - Limitation - Continuing wrong - Agreement to sell flats - Respondent/builder failed to provide occupancy certificate since 2014 till date - Owing to failure of builder to obtain certificate, there has been a direct impact on members of society in terms of payment of higher..........
Indian Contract Act, 1872, Section 74 -- Breach of contract - Damages - Promisee waived liquidated damages initially and same cannot be imposed unless such imposition is clearly accepted by parties - In view of waiver of liquidated damages and absence of precise language which allows for re-imposition of liquidated damages, Arbitral Tribunal rightly imposed damages accrued..........
