MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MUMBAI
Year of decision: 2009
Details
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r) , 14(1)(d)-- Mobile phone - Disconnection of mobile - Deficiency in service - Unfair trade practice - Despite payment of charges up to date mobile disconnect - Non supply of item wise bill to the complainant despite asking Appellant rightly held guilty of deficiency in service - The appellant also held guilty..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Arbitration Act, 1940, Section 30-- Arbitration award - Objections - High Court erroneously substituted its own opinion on appreciation of evidence - Held, such a course is not permissible while examining objections to the award u/s 30 of the Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Land Acquisition Act, 1894, Section 6-- Land acquisition - Award became final - Writ petition to impugn the action of the respondents in acquiring land in question - Not maintainable...........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Arbitration and Conciliation Act, 1996, Section 34, 42-- Arbitration award - Setting aside - Jurisdiction - Arbitrator appointed by District Judge West Tripura acting as designate of Chief Justice - Contract work executed outside the territorial jurisdiction of District Judge, West Tripura - District Judge, West Tripura is the only competent authority..........
KERALA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 21-- Dishonour of cheque - Complaint referred to Lok Adalat - Matter settled and award passed - Cannot be executed as civil decree in civil court - Award passed by Lok Adalat in a complaint referred by Criminal Court does not acquire the characteristics of a decree of Civil Court - Award thus passed..........
MADRAS HIGH COURT
Year of decision: 2009
Details
Industrial Disputes Act, 1947, Section 10-- Reference - Wage revision - Under the impugned award the Tribunal has referred to different types of industries situate in the same region - The Tribunal has taken into consideration Ex. W 16, but not solely depended upon the same - It arrived at a conclusion that there were not credible evidence..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Wife and daughter - Plea of wife that wife is staying away from matrimonial home without any rhyme or reason - Husband convicted in an offence u/ss 498-A and 406 IPC - Wife subjected to mental and physical cruelty - Sufficient reason for wife to stay away from matrimonial home -..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Service-- Termination in contravention of prescribed procedure when set aside reinstatement is not automatic - Award of compensation in lieu of reinstatement and back wages has been held to meet the ends of justice...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - No explanation for non appearance on the day he was proceeded exparte - Besides no applciaotn for setting aside order for ex parte proceedings was filed till passing of final award - Application U.O.9.R.13 CPC was rightly dismissed by Court below...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Arbitration Act, 1940, Section 30(a)-- Arbitration award - Objections - Non application of mind by the Arbitrator to the material before him - Amounts to misconduct on the part of Arbitrator - Award set aside - A new Arbitrator appointed and matter remitted for fresh decision...........