Punjab Housing Development Board Act, 1972, Section 58,2(k),30,31,32(g),33,42,43,44,45 -- Allotment of plot - Applicant for allotment in response to advertisement by Directorate of Housing and Urban Development Department Punjab - Has only a right to be considered for the allotment of a plot when he has deposited money for the same - Does not get a right to continue to be..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Execution sought after five years - During all this period amount as per decree neither paid nor shown that he has the money in his bank account or otherwise in a position to pay the amount - No payment or deposit has been made till date to show his bona fides - For claiming specific performance and..........
Agreement to sell -- Suit for specific performance - Sale consideration is the money due under two promissory notes - Agreement to sell not executed contemporaneously at the time of borrowing money under pronotes but executed six months thereafter - Inference cannot be drawn from the agreement that it was only a security for payment of outstanding loan and not an agreement..........
Surrender of Plot -- Auction of plot by Notified Area Committee - Surrender of plot by allottee - Forfeiture of amount - Terms of allotment at the time of auction - Both buyer as well as seller equally bound - Wholly impermissible to allow one party to deviate therefrom by a unilateral act - Condition of forfeiture at the time of auction that in case of surrender of plot -..........
Consumer Protection Act, 1986, Section 17(b) -- Shares - Sale and purchase of shares and for the refund of the money invested therein as well as for compensation arising therefrom are matters which are certainly covered under the consumer jurisdiction and relief can be granted in appropriate cases by the Consumer Fora...........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance policy & Money Back Policy with the accident benefit - Repudiation of claim - Ground that the disability suffered does not conform to the policy condition pertaining to disability benefit - Appellant prior to accident was earning his livelihood by working as a truck driver - As a result of the amputation of right..........
Indian Penal Code, 1860, Section 302, 392 -- Homicidal death - No eye witness - Circumstantial evidence - Deceased died due to asphyxia due to strangulation of neck - Extra judicial confession recorded by PW-12 and after recording confessional statement, PW-12 and appellant then went to police station - Courts below rightly found it to be a voluntary statement of appellant..........
Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution - Arrest warrant - A person cannot be arrested and sent to jail in execution of a money decree without giving him an opportunity and without conducting an enquiry as to his means - Mere inability to pay the decretal amount is not a ground to send a person to jail - Even if notice is dispensed with under proviso..........
Stamp Act, 1899, Section 9(1)(a) -- Haryana Government Notification dated August 11, 1995 - Stamp duty remitted on sale deeds executed in favour of farmers whose land acquired by Haryana Government for public purpose and who purchase agricultural land in State of Haryana within one year of receipt of compensation - Date of purchase of land out of compensation money -..........
Civil Procedure Code, 1908, Order 21, Rule 37, 41 -- Money decree - Execution - Arrest of J.D. - Burden lies on J.D. to satisfy the Court that he is a small farmer and has no means to pay the decretal amount - Finding of Executing Court that D.H. failed to establish the means of J.D. - Erroneous - In execution proceedings, Executing Court should ensure that decree is not..........
