Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 2(b) -- Basic wage - Definition of basic wage under the Act cannot be equated with definition of `minimum wage' under Minimum Wages Act - When EPF Act contains a specific provision defining `basis wage' then there is no occasion to travel to the Minimum Wages Act to give it a different connotation...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1026 days - Suit for specific performance - Liberal view has to be taken in the matter of condonation of absence of a party especially in a suit for specific performance unless negligence is so grave to the extent of outweighing..........
Agreement to sell -- Specific performance - As long as version put forth by plaintiff, even if it is false, if does not lead to any injustice, plaintiff is entitled to the relief prayed for - If falsity impinges on the essential ingredients, then only it affects the plaintiff's case...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs were ready and willing to perform their part of the contract and they have proved the same satisfactorily - Held, plaintiff are entitled to the relief of specific performance...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Having undertaken to indemnify an insured against possible loss in specific situations, an insurance company is expected to make good on its promise in a bonafide and fair manner and not just care for and cater to its own profits...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment of public roads or public road margins - A person can always seek relief of removal of encroachments, by way of mandatory injunction, in case where encroachments take place on public roads or public road margins...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 342, 386, 504, 506 -- Cheating - Quashing of proceedings - FIR in question came to be lodged after a period of 14 years from alleged illegal acts of accused - No specific time and date of alleged offences disclosed in FIR - Entire case put up by complainant on the face of it appears to be concocted and fabricated -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Compromise - Refund of Court fee - Petitioner filed the suit for specific performance and permanent injunction - However, suit was compromised but plaintiff failed to establish the facts mentioned in compromise - Compromise could not be accepted - But prayer of withdrawal of suit deserve acceptance was..........
Agreement to sell -- Specific performance - An equitable relief - Depends on conduct of parties...........
