Court : Delhi
Reported in : 1997IVAD(Delhi)209; 1997(2)ARBLR247(Delhi); 67(1997)DLT892; 1997(42)DRJ361
..... clause 33 by giving 90 days prior notice in writing only to respondent no. 1 and the stipulation, in clause 25 as to the payment of interest at an exorbitant rate of 2-1/2% per mensem on the amount due, make the agreement in question invalid and void.we are unable to agree with the ..... contained in clause' 33 does not render the agreement in question invalid.as regards stipulation as to the payment of interest at the aforesaid rate, in our view even though it may appear to be exorbitant but that alone will not render the agreement in question invalid or void. objection as to the rate of ..... in the aforesaid lease agreement dated december, 9,1987.(3) appellant filed omp no. 60/90 under section 33 read with sections 30 & 31 of the arbitration act praying for declaration to the effect that the lease agreement dated december 9, 1987, is invalid, illegal, ineffective and void. on identical plea the appellant contested the ..... by the appellant, provide as under:-'25. if the lessee shall make any default in charges or any other sums due and payable by the lessee to the lesser under this agreement, the lessee shall pay to the lesser interest at the rate of 2-1/2% per mensem on the amount due for the ..... submission. it may be noticed that none of the clauses of the agreement in question prohibits or debars the appellant from terminating the agreement before the .....Tag this Judgment!
Court : Delhi
Reported in : II(2007)ACC1; 139(2007)DLT244; 2007(96)DRJ580
..... /device from the vehicle. 27. the competent authorities including sta's officers, enforcing agencies and police, particularly the traffic police, are directed to ensure lane driving, no overtaking in prohibited zones and to fix bars in the central lane so as to prevent the drivers driving in the middle lane to suddenly shift to the extreme right lane near the ..... the test/inspection by the competent authorities as well as are required to get clearance from the technical committees constituted in accordance with law. thus, use of black films is prohibited by law and what is impermissible to be achieved directly, cannot be achieved indirectly. the authorities and the traffic police are required to strictly enforce this condition. 9. besides ..... indicated that the compounding fee or the composition fee should normally be within the limits of the fine of the charging section. what is most significant in the dictum of the supreme court is 'the same cannot be declared to be either exorbitant or irrational or bereft of guidance'. what is more pertinent is that the rationale or reasonableness of the amount ..... notice of the legislature for its consideration and appropriate action. 49. under the provisions of motor vehicles act (section 206), the court taking cognizance of offences under that act have to dispose of the case as a summary disposal case. the offenders are normally interested in paying the compounding/composition fee to avoid the judicial process and for their own convenience. 50. .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(4)BomCR676
..... been collected by the management of a school by way of donations and the division bench held that the demand or collection of any amount either as interest free deposit, charges for advertisements or in any other name or at the time of admission of a child in the school without the approval of the authorities was illegal. the ..... apply to any unaided educational institution established and administered by the minorities. if the legislature feels that the nefarious practice of misusing school administration for making huge profit by collecting exorbitant sums from parents by calling such sums either as fees or donations, should be curbed, the legislature would be within its powers to enact measures for that purpose. similarly ..... . one of these conditions is that the fees to be charged shall be in accordance with instructions issued by the education department of the municipal corporation.3. the legislature in the state of maharashtra enacted the maharashtra educational institutions (prohibition of capitation fee) act, 1987. section 3(1) of the act inter alia provides that notwithstanding anything contained in any law for ..... a serious deficit, an unaided institution will either have to close down or to continue operations without adequate facilities for the pursuit of education. neither consequence would be in the interests of parents, the students or of society.17. undoubtedly, in a matter such as the present, adequate care has to be taken to ensure that managements do hot profiteer .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1973Guj240; (1973)GLR438
..... ). baroda against the petitioner inter alia for possession of the suit premises, recovery of a sum of rs.747.03 possession. being arrears of rent and mesne profits with future interest and for a permanent injunction restraining the petitioner from transferring the possession of the suit premises to any other person. the case of the opponent as set out in the ..... the fundamental right of a tenant to hold property; the provisions of the said sub-section suffer from the vice of substantive and procedural unreasonableness and are not in public interest. iii. on a true and proper construction of sub-section (4) of section 11 the trial court had no jurisdiction to pass the impugned order. we shall proceed to examine ..... , and observes and performs the other conditions of the tenancy, in so far as they are consistent with the provisions of the act. for the protection of tenants, this sub-section enacts a rule of decision and imposes a prohibition against a landlord recovering possession of the premises demised to a tenant so long as the tenant satisfies, the conditions prescribed in ..... landlords who might exact exorbitant or unconscionable rents and evict them from the premises in their possession in these days of scarcity of housing accommodation. these twin objects run like a single thread through the entire fabric of the act. in order to achieve these objects, the act imposes certain restrictions on the right of landlords in the matter of charging rent and evicting .....Tag this Judgment!
Court : Mumbai
..... day when the plaintiff continues in possession of another premises is grossly exorbitant and grossly more than such %age. 28. in this case there is no loss seen, shown ..... that the claimant would suffer and would not require to prove it. it is the case of the respondents that the penalty is in terrorem, being exorbitant and requires payment of over rs.13 lacs to be made for the default of about 13 months whilst the claimant continued in possession of another premises ..... 26. even if that is so the judgment in the case of ongc (supra) as also maya devi (supra) would prohibit the court under the statutory provision of section 74 of the contract act itself to enforce liquidated damages which are in the nature of the penalty without evidence that it is a fair measure of ..... pre-estimate of the parties. 27. in the case of deepa bhargava and anr. vs. mahesh bhargava and ors. (2009) 2 scc 294 the predetermined interest payable by the ..... parties at the rate of 18% p.a. was held to be not in the nature of the penalty but a reasonable pre-estimate of the loss suffered by a party under section 74 of the indian contract act and was upheld. the charge of rs.3,500/- per .....Tag this Judgment!
Court : US Supreme Court
..... a whole, and bearing in mind the policy of the commodity clause to dissociate the railroad company from the transportation of the property in which it is interested, and that the sherman anti-trust act prohibits contracts in restraint of trade, page 238 u. s. 536 there would seem to be no doubt that this agreement violated both statutes. 10. the railroad company ..... by the government, it is said that some of the objections now insisted on were not pressed in the lower court, that there is no complaint that the railroad charged the coal company exorbitant prices, or that it ever raised the new york prices, or that it failed to make prompt deliveries, or that it has prevented the coal company from buying ..... , but that the contract tended to create a monopoly and unlawfully to hinder and restrain trade in coal, in violation of the provisions of the anti-trust act. in this connection it was also charged that the railroad company not only mined coal, but purchased the product of other mines located along its railway, and had acquired the output of other collieries ..... the same persons, and that, by virtue of the terms and provisions of the contract, the railroad had such an interest in the coal as to make it unlawful for it to transport such commodity in interstate commerce. it was further charged that the transportation of the coal sold to the coal company was not only a violation of the commodity clause .....Tag this Judgment!
Court : Karnataka
..... circular to various regional transport officers directing the registering authorities to cross-check private financiers whether they are registered under the karnataka money lenders act and also whether they are charging interest in excess of the limit prescribed under the exorbitant interest act on the money lent for the purchase of the vehicle and, only after securing the necessary documents in this regard, to make entry ..... to seek for all necessary documents from private financiers as to whether they have obtained money lending license and whether they are charging interest on the money lent on the basis of the money lenders act and the prohibition imposed therein on charging excess interest, is illegal, the said circular has been challenged by the association of private money lenders. they are questioning their authority in ..... insisting for all details before making entry of the names of the financier whether they are registered under the money lending act or not or the rate of .....Tag this Judgment!
Court : Punjab and Haryana
..... in filing of a public interest litigation by the petitioner, an advocate, seeking appropriate criminal/ departmental action against respondent no.4 ..... to the accuracy and integrity of this document cwp-20157-2012 - 2 - jalandhar and patiala divisions. it is this act of respondent no.4 which gave rise to some adverse publicity in the media that an exorbitant amount is being charged as arbitration fee without prior permission of either the state or central government in violation of the service rules. this culminated ..... and expenses, administration fee and any other expenses incurred in arbitral proceedings. it is the case of respondent no.4 that he is, thus, entitled in law to charge such fee.3. the petitioner has stated that there is prohibition as per rule 13(4) of the all india services (conduct) rules, 1968 (hereinafter referred to as the conduct rules .) as it ..... arbitrator. no uniform practice is being followed by various ministries/departments of the government of india with regard to the grant of honorarium/fees to a government servant appointed to act as arbitrator in disputes between the government of india and private parties or between private parties. in order to ensure uniformity in this respect, it has been decided, in .....Tag this Judgment!
Court : Mumbai Nagpur
..... farmers, the fact that there are no further investments every year by the technology provider, the provisions of the competition act, 2002 (12 of 2003) which govern the trade, prohibit the abuse of monopoly and discrimination in charging royalty; and whereas, considering the said aspects the government of maharashtra has decided the maximum sale price based on reasonable trait values ..... to control the sale price of such cotton seed in the state; and whereas the traders in cotton seed including transgenic cotton seed were exploiting poor farmers by collecting exorbitant prices; and whereas a khariff season was to commence very soon, it had become imperative on the part of the state to regulate the supply, distribution and ..... cotton price in maharashtra as direct connection with the supply/distribution/sale of cotton seeds and all matters connected therewith. the fixation of cotton seeds price and the interest of farmers vested of various varieties of cotton seeds including fixation of maximum saleprice while following the procedure so prescribed under section 10 is also nowhere provided under ..... and interlinked issues are involved, therefore, this common judgment. 7] following are the central acts and the state acts and ordinances involved and read and referred by the parties : central acts and rules : i. the essential commodities act, 1955, (for short ??ec act ? ). this act provides in the interests of the general public, for the control of the production, supply and distribution of, .....Tag this Judgment!
Court : Punjab and Haryana
..... the committee was to remain binding for a period of three years at the end of which the institute was at liberty to apply for revision and the institute was prohibited from charging fee contrary to the mandate of the committee.8. while observing so, as aforesaid, the other material aspects observed, which are also germane for the controversy in the ..... which has resulted in widespread prevalence of various unethical practices. collection of large amount by way of capitation fee running into crores of rupees for mbbs and post-graduate seats, exorbitant fee, donation, etc. by many of such self financing institutions has kept the meritorious financially poor students away from those institutions. pressure, it is also seen, is being ..... etc. - 12 - minimum norms of infrastructure and facilities as laid down by the concerned council. (2) notwithstanding anything contained in sub- section (1), the state government may, in public interest, determine a provisional fee: provided that the state government shall determine fee in accordance with the provisions of sub- section(1) within a period of ninety days from the date ..... for the purpose of determining the merit as also the fair and transparent manner in which such examinations can be conducted. such a power exists under the ugc act, the mci act and the aicte act. the relevant enactments wherein these statutory authorities have been created provide for such law. however, assuming such a machinery is not evolved, the state may constitute .....Tag this Judgment!