Consumer Protection Act, 1986, Section 23 -- Allotment of flat - Delay in construction of allotted flat - Demand of escalated cost - Appellant granted interest to all allottees including respondent on money deposited based on size of flats in pursuance of its own decision - This has been granted despite of specific covenant contained in letter of allotment that no interest..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration by sisters - Sale of property by Karta/brother - Suit in question was apparently a collusive suit filed at the behest of Karta through his sisters and family members to avoid execution of a valid decree passed in favour of purchasers/defendant nos.1 and 2 - Suit property sold by Karta for legal necessity thus,..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Plea that pages 3 & 4 of the agreement are tampered and their signatures are fabricated - When specific issue is already framed regarding agreement being tampered and fabricated as alleged by defendant, it cannot be said that there are categorical and unconditional..........
Agreement to sell -- Specific performance - Refund of earnest money - Rs.26,000/- paid at the time of execution of agreement - Amount of 6,75,000/- paid subsequently - Order as to refund of Rs.7,01,000/- - No date mentioned of payment of Rs.6,75,000 either in the notice issued or in the plaint or in the affidavit of chief examination but was mentioned in the affidavit..........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharer - Plaintiff not entitled to injunction against other co-sharers even assuming that he is in possession - Possession of one co-sharer is possession of all co-sharers - It cannot be adverse to them, unless there is denial of their right to their knowledge by the person in possession, and exclusion and ouster..........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharer - Plaintiff not entitled to injunction against other co-sharers even assuming that he is in possession - Possession of one co-sharer is possession of all co-sharers - It cannot be adverse to them, unless there is denial of their right to their knowledge by the person in possession, and exclusion and ouster..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint containing sufficient description of (i) the nature of the partnership; (ii) the business which was being carried on; (iii) the role of each of the accused in the conduct of the business and, specifically, in relation to the transactions which took place with the..........
Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Plaintiff however, did not come to Court for claiming his ownership over suit land and challenging interference by defendant over suit land - These are proper reliefs, which only could settle controversy in relation to suit land between parties and not one raised in these proceedings - Suit rightly..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Disclosure of previous insurance policy but without disclosing claims lodged under the previous policy and settlement of that claim in the preceding three years in defiance of a specific clause in the proposal form regarding claims lodged in the preceding three years - Suppression of this fact goes to the very..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement of PW1 assigning specific roles to proposed accused - At the stage of consideration of application u/s 319 Cr.P.C, trial Court was to look at something more than a prima facie case but could not have gone to extent of enquiring as to whether matter would ultimately result in..........
