Agreement to sell -- Refund of advance amount - Defendant admitted execution of agreements for sale and its execution - He also admitted that he accepted partial sale consideration of Rs.10 lacs and by his own act and conduct of remitting Rs.2,50,000 to plaintiff, as sale deed was not executed - Trial Court rightly directed defendant to remit Rs.7,50,000 alongwith 6%..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and permanent injunction - Plaintiff sought declaration in respect of Will allegedly executed by her late father and consequential relief of permanent injunction restraining defendants from mutating land on basis of alleged Will - Alternative relief also sought..........
Waiver -- Waiver is an intentional relinquishment of a right - Mere acts of indulgence will not amount to waiver - A party claiming waiver would also not be entitled to claim the benefit of waiver, unless it has altered its position in reliance on the same...........
Hindu Minority and Guardianship Act, 1956, Section 6(a), Guardians and Wards Act, 1890, Section 8 -- Custody of minors - Claimed by father - Mother of children committed suicide - Maternal grandfather of children has taken away them to his home - Grandfather of children stated that he being a Real Estate owner earning huge amount with which he will be able to educate them..........
Consumer Protection Act, 1986, Section 12 -- Allotment of flat - Delay in handing over possession of flat - Once NCDRC awarded interest for delayed handing over possession, there would be no justification to award an additional amount of Rs.2 lakhs - Direction to pay compensation of Rs.2 lakhs towards loss of rent set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court commissioner - To measure suit property would not amount to collection of evidence in a suit for declaration and possession...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 9A, 25A, 23, 29 -- Appeal against grant of bail - Contraband - High Court while granting bail not applied mind to rival submissions, particularly to seriousness of allegations involving offence punishable under NDPS Act - Merely recording submission of parties does..........
Civil Procedure Code, 1908, Section 35, Order 7, Rule 14(3) -- Costs - Application U.O.7.R.14(3) CPC allowed and document directed to be taken on record on payment of cost of Rs.1,000/- - Cost was accepted by defendant - Imposition of costs only compensatory in nature to tide delay in proceedings - Acceptance of costs by defendant would not amount to waiver of right to..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Loan amount - Source of money - Prima facie it is irrelevant as to where plaintiff had sourced his money from, to lend same to defendant, as long as otherwise plaintiff has discharged his onus qua execution of pronote and receipt etc. to advance loan to defendant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor son - Father is a government servant and getting salary of Rs.20,000/- pm - Payment of Rs.20,000/- pm to minor son as awarded by Family Court will leave no resources to maintain his other two children and family - (i) Rs.6.64 lakhs paid as arrears shall be treated as full and final payment as of 28.02.2021;..........
