Partition -- Validity of partition deed - Suit for partition filed based on partition deed executed in favour of one of the brothers - Plaintiff admitting that it was obtained by fraud and misrepresentation and that the first defendant son was given suit property absolutely under the Will executed by father giving only life interest to his wife - Held, partition deed null..........
Investment -- Non-refund of maturity value - Deficiency in service - A mere plea of the Appellants-U.T.I. explaining inordinate delay for issue of cheque not acceptable - The non-refund of the maturity value of the M.I.P, amounts to deficiency in service and utter negligence on the part of the U.T.I. - U.T.I. directed to refund the matured amount to the complainant..........
Contract Act, 1872, Section 2 -- Plot - Auction sale - Earnest money deposited but balance amount not deposited in time - Delayed payment and interest on delayed payment accepted - Cancellation of allotment - Held, the moment delayed payments were accepted there was deemed extension of time and thus there can be no cancellation of allotment...........
Consumer Protection Act, 1986, Section 3,14 -- Fixed deposit - Failure of the appellant to pay back the maturity value - Company Law Board already seized of the matter and has formulated a scheme for scheduling re-payments to various creditors of the appellant company - Held that remedy of the respondent lies before the Company Law Board - Order of the District Forum..........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 403, 406, 420, 427 - Quashing of proceedings - Complaint by respondent alleging breach or trust, cheating and mischief by the petitioner by removing engine of hypothecated aircrafts which were hypothecated by the petitioner with respondent complainant as security for supply of aircraft fuel to the..........
Consumer Protection Act, 1986, Section 2(1),(g), Insurance Act, 1938, Section 64,VB -- Insurance claim - Student security insurance policy - Principle of the school who was authorised to collect the premium and deposit with insurance company collected the premium from the deceased student on 31.7.1998 and deposited the same with insurance company on 23.9.1998 - Death of..........
Insurance claim -- Interest - Award of 12% interest on the compensation amount by District Forum reduced to 9% p.a. following `S. Kaushnuma Begum & ors vs. New India Assurance'...........
Plot allotment -- Deficiency in service - Interest - Possession of Plot not delivered even after more than a decade of allotment - Direction of the District Forum for allotment and giving possession of an alternative plot upheld - Rate of interest on the deposited amount reduced from 15% to 12%...........
Refund -- Earnest money - Plot allotment - For setting up industrial complex - OP failed to comply with the services which they were to render for setting up the industrial complex within six months as per the advertisement - The applicant/complainant vide his letter dated 20.8.1997 withdrew his offer and required the OP to refund the earnest money paid by him to them -..........
Plot allotment -- Not giving possession of the allotted plot or in the alternative to give possession of an alternate plot by the OP held be deficiency in service on the part of the OP - OP directed to give to the complainants an alternate plot of the same size on the same price, which was prevalent at the time of allotment - However, no relief of payment of compensation..........
