Showing : 11-20 of 208 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 13(4)-- Medical negligence - Burden of proof - Commission cannot order constitution of a medical board to collect evidence on behalf of complainant - Complainant to produce his own evidence in support of complaint - However, forum constituted under the Act has jurisdiction to requisition a report from any..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of Complaint - High Court while hearing application u/s 482 Cr.P.C had no jurisdiction to appreciate statement of witnesses and record a finding that there are inconsistencies in their statements and therefore, there was no prima facie case made out against accused - This could be done..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - High Court in its revisional jurisdiction proceeded to decide the complaint itself on merits and convicted accused without deciding the question as to whether Appellate Court was justified in remanding case to Magistrate - High Court committed jurisdictional error in allowing..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Jurisdiction of High Court while deciding second appeal is strictly confined to case involving substantial question of law and it is not permissible for High Court to re-appreciate evidence on record and interfere with findings recorded by Courts below and/or First Appellate Court..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 13-- Consumer complaint - `On admission of complaint' - Meaning - Complaint can be dismissed in limine and its admission can be declined without notice to the opposite party - However, such jurisdiction to dismiss complaint in limine has to be exercised having regard to facts of each case - Since case..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Contempt of Courts Act, 1971, Section 12-- Contempt of Court - Violation of order of High Court - High Court directed authorities to ensure a fair and reasonable compensation be sanctioned to respondent and paid at earliest - Officers quickly acted in order to comply with direction of High Court - When direction was only to consider case..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Fair price shop -- Both the parties asserting their respective rights to run the shop - Commissioner cancelled the license of respondent no.1 - High Court set aside said order of Commissioner by allowing writ petition against the same - However, merits of case could not be examined either by Commissioner in appeal..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 28-- Recovery of 87 items of drugs stored without license - Accused admitted his fault - Non-examination of license holder and owner of shop was not fatal to prosecution case - Moreover, when trial Court and first appellate Court held that no, examination of those two witnesses not fatal to prosecution..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25-- Remand - Necessary only when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate Court has failed to decide some material issues arising in the case or there is some procedural lacuna noticed in the trial, which has adversely affected the rights of the..........

Showing : 11-20 of 208 Results