Consumer Protection Act, 1986, Section 23 -- Apartment buyers agreement - Delay of handing over possession - Refund of amount - Interest - Agreement itself provided for the interest component on the refund amount and stipulated the rate thereof as 12% p.a. - That being so, respondent/Company cannot seek reduction of the rate of interest contrary to the agreed rate...........
Consumer Protection Act, 1986, Section 23 -- Apartment buyers agreement - Delay of handing over possession - Refund of amount - Agreement stipulated the date of delivery of possession of the apartment for fit outs with a grace period of one year - Admittedly, respondent/company did not offer delivery of possession of the apartment for fit outs by that date - Agreement..........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Violation of order of High Court - Respondent failed to refund the excess amount to appellant as per order of High Court - Single Judge was thus, not justified in discharging respondent in contempt case without ensuring payment of refund amount with interest to appellant - Since respondents failed to comply..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement - Husband getting pension @ Rs.44,279 p.m and pension amount will be gradually increase - Considering the market price and need of a person being wife of a Sub-Inspector according to her status, wife entitled to get Rs.10,000/- p.m towards maintenance allowance...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Recovery suits on the basis of promissory notes - Defendant borrowed loan amount from plaintiff and executed five promissory notes - Borrowal of loan amount and execution of promissory notes on different dates gives separate cause of action..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Recovery suits on the basis of promissory notes - Defendant borrowed loan amount from plaintiff and executed five promissory notes - Borrowal of loan amount and execution of promissory notes on different dates gives separate cause of action..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Prima facie there is relationship of landlord and tenant between parties - Whether it is lease amount or licence amount is a question of trial - Assessment of provisional rent is not going to cause any prejudice to petitioners - Appellate Court rightly directed Rent..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Prima facie there is relationship of landlord and tenant between parties - Whether it is lease amount or licence amount is a question of trial - Assessment of provisional rent is not going to cause any prejudice to petitioners - Appellate Court rightly directed Rent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit - If civil suit is decreed on the same cause of action of the amount covered under the cheque, the deposit made in criminal case has to be adjusted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is 92 years of age and is living with his daughter and son-in-law - Wife is 75 years old and is living with her son - No material on record that wife is living separately without any sufficient reason - She is not capable to maintain herself through her independent income - Husband apart from..........
