Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner alleged that he entered into an unregistered agreement of sale with some third parties along with plaintiff in respect of suit property that too in violation of stay order granted against plaintiff in a pending appeal - He thus, has no vested interest in appeal scheduled property in appeal..........
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..........
Agreement to sell -- Specific performance - Plaintiff failed to show that agreement to sell was qua the suit land - Relief of specific performance rightly denied - Decree for recovery of Rs.2 lakhs alongwith future interest of 6% from the date of decree till realization is proper...........
Drugs and Cosmetics Act, 1940, Section 18A, 28 -- Offence u/ss 18-A, 28 of the Act - Non-disclosure of name of manufacturer - Accused is a doctor - Quantities of 29 kinds of medicines recovered from clinic run by accused of small quantity - In such a situation, non-disclosure of name of manufacturer/person from whom said medicines were acquired, cannot be said to be..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Development of hoarseness in voice after surgery - District Forum has not taken all the relevant aspects into consideration for arriving at a rightful compensation payable to deceased - However, since the appellant expired during pendency of proceedings before NCDRC, no useful purpose would be served in..........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Money decree - Attachment of salary - High Court stayed the order of Executing Court subject to payment of Rs.2.50 lakhs which was deposited by the petitioner - Petitioner allowed to pay the remaining decretal amount in two instalments - In the event of any default in these payments, order of attachment would..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of Child - Divorce proceedings - Whether or not the wife had an adulterous relationship could be gone into without subjecting child to a paternity test - Husband cannot impact interest of child who is not a party to proceedings - Application rightly rejected...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Medical negligence - Loss of vision in left eye - Compensation - Medical negligence on the part of respondent is proved on record - Respondent misrepresented to NCDRC that he had deposited an amount of Rs.2 lakhs only, which had been paid to complainant - However, complainant has not received a single penny..........