Civil Procedure Code, 1908, Order 15, Rule 5 -- Non-payment of rent - Denial of title of plaintiff and denial of relationship of landlord and tenant simplicter does not and cannot absolve lessee/tenant to deposit the due amount of rent/damages for use and occupation, unless he could show having made such payment in a lawful and bonafide manner...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - There is no holidaying for a tenant in payment of rent or damages for use and occupation, whether lease is subsisting or it has been determined...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Defendant by his assertion and conduct has left nothing to doubt that he has been steadfast in not making payment of rent/damages despite being lessee of suit shop - Nothing of any fact or any circumstance existing on record to find even a remote reason for extending any latitude..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery - Liquidated damages - UOI claims compensation on basis of exception clause - Such being undisputed position, order of rejection of plaint U.O.7.R.11 CPC is incorrect - Moreover, once arbitrator had no jurisdiction to arbitrate on levy of liquidated damages on account of contract..........
Medical negligence -- In proceedings for damages due to professional negligence, question of intention does not arise...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for mandatory injunction directing defendants to pay damages/compensation on account of loss of reputation and malicious prosecution - Tentative valuation is given by plaintiff in the plaint and there is no prayer whatsoever wherein damages have been quantified - Quantification of damages would be determined by..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for eviction, possession, damages and mesne profits - Lease expired on 31.7.2020 - Clear and unequivocal admission about expiry of lease - Decree on admission allowed...........
Consumer Protection Act, 1986, Section 14(1) -- Punitive damages - Accident - Non-deployment of airbags of car - Merely because consumer has got car repaired on insurance money would not impact quantum of damages, which is partly punitive in nature...........
Consumer Protection Act, 1986, Section 14(1) -- Punitive damages - Accident - Non-deployment of airbags of car - Liability of manufacturer of vehicle - Vehicle was sold with front airbags - However, airbags did not deploy at the time of accident - Complainant suffer substantial injuries as a result thereof - Safety description of goods fell shot of its expected quality -..........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for compensation and damages - Where specific amount of damages is claimed, plaintiff is under obligation to affix ad valorm Court fees on the suit amount...........
