Punjab Co-operative Societies Act, 1961 - - Election of President - Committee consisted of 9 members out of which 7 were present on the date of election - Quorum for holding election was 7 in terms of bye-law - Petitioner was elected as President unanimously but proceedings were signed by only 5 members - Held, even if proposer or seconder do not vote, election of..........
Agreement to sell -- Forfeiture of earnest money - Transaction falling through by reason of default or failure of purchaser - Forfeiture of earnest money can only be (1) if the terms of contract are clear and explicit (2) earnest money is paid or given at the time when the contract is entered into; (3) earnest money is given as a pledge for its due performance by the..........
Agreement to sell -- Earnest money - Scope - (1) It must be given at the moment at which the contract is concluded; (2) It represents a guarantee that the contract will be fulfilled or, in other words, "earnest" is given to bind the contract; (3) It is part of the purchase price when the transaction is carried out; (4) It is forfeited when the transaction falls through by..........
Haryana Urban Development Authority Act, 1977, Section 16 -- HUDA - Allotment of plot - Delayed payment - Levy of interest - Permissibility - Held, lack of amenities cannot be made a ground for not making payment of installments in terms of letter of allotment - Interest on installments of deferred payment of sale consideration alone is chargeable from the date of offer of..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Challenge to - Remedies available - Held, only remedy available to a party who seeks to challenge a decree on the ground that compromise on which it was based was void or voidable and therefore, unlawful, is either to go back to Court which had passed..........
Civil Procedure Code, 1908, Section 153A, Order 41, Rule 11 -- Correction of decree or order - Power of High Court - Clerical mistake - Held, S.153-A comes into play when the judgment passed by trial Court becomes a subject matter of an appeal and is decided in terms of O.41.R.11 of CPC - It was an enabling section and does not bar superior Court to exercise its own powers..........
Criminal Procedure Code, 1973, Section 451 -- Release of truck on Superdari - Denied on the ground that vehicle is accidental and by repairing, the condition of the truck would be changed, which is not permissible - The property in dispute would not only lesser in value but no purpose would be served by keeping it in police station - By parking the vehicle idle would also..........
Indian Penal Code, 1860, Section 342, Criminal Procedure Code, 1973, Section 428 -- Wrongful confinement - Conviction - Alteration in sentence - No previous conviction proved against accused person - Further, accused was aged about 42 years at relevant point of time - Present case is of term imprisonment - There is no document or evidence that he ever misused privilege of..........
Rent and Eviction -- Bona fide necessity - It is for landlord to choose premises which would suit his requirement and it hardly lies with tenant to dictate the terms to landlord and suggest landlord to satisfy his business need with available premises which may or may not belong to the person for whose need eviction is sought...........
Arbitration and Conciliation Act, 1996, Section 45 - - Multiple agreements - Two of the agreements did not contain any arbitration clause but executed in furtherance to and for compliance of terms and conditions of mother agreement which contained arbitration clause - Held, they were, thus, intrinsically inter-connected with mother agreement...........
