Civil Procedure Code, 1908, Order 23, Rule 3-B -- Partition suit - Compromise decree - Leave not granted by Court - Notice not given to members of branches who are interested in suit - Compromise is void - Person interested in suit but had no notice of compromise is not barred from challenging compromise decree...........
Marine Insurance Act, 1963, Section 3,4 -- Marine cargo policy - Carrying special condition covering the risk for the `consignor's warehouse to consignee's warehouse' - Held that as per terms of the policy case covered by Section 4(1) of the Act and not by Section 3 of the Act...........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Plot allotment - Plea that Clause K of the letter of intent provided that dispute arising of or in anyway touching or concerning the allotment shall be referred to the sole arbitrator - Held that remedy under the C.P. Act is an additional remedy available to the consumer in addition to and not in derogation of..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of one plaintiff during pendency of first appeal and his L.R's not brought on record - All the plaintiffs claimed common ownership and possession - Appeal stands abated in its entirety...........
Consumer Protection Act, 1986, Section 3, Gujarat Co-operative Societies Act, 1981, Section 96 -- Jurisdictional bar - Whether in any dispute between a member and Co-operative Society, the jurisdiction of Consumer Forum is barred by Section 96 of the Gujarat Co-operative Societies Act, 1981? - Held No - Jurisdiction excluded by this provision is that of civil or revenue..........
Consumer Protection Act, 1986, Section 3,2(1),(d) -- Additional remedy - The additional remedy under Section 3 of the Act can be availed of by the complainant only when he fulfills the characteristics of a consumer as defined under Section 2(1) (d) of the Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Intercourse with consent and not on ground that prosecutrix belongs to Scheduled Caste - Conviction of accused u/s 3(2)(v) set aside...........
Consumer Protection Act, 1986, Section 3, Workmen's Compensation Act, 1923, Section 31 -- Additional remedy - Award by Workmen's Compensation Commissioner - Plea that he is the appropriate authority to execute the Award against the Insurance Company under Section 31 of the 1923 Act and proceedings under the 1986 Act not maintainable repelled - Findings of the District..........
Civil Procedure Code, 1908, Order 18, Rule 3(4)(2), Civil Procedure Code, 1908, Order 18, Rule 4 -- Witness - Examination - Audio visual link - Witness living abroad - Appearance of witness on audio visual screen in Court is as good as his physical presence in Court - When recording of evidence of witness, through mechanical process is permissible under provision of Code,..........
Land Acquisition Act, 1894, Section 3(b), 20 -- 'Person interested' - Government not a person interested...........
