Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Electricity Supply Code, 2007 - Electricity theft - Raising of demand - It is alleged by respondent in his complaint that appellant No.2 made a demand of Rs.15,000/- as bribe from him when he refused to oblige he gave threats to him that he will put a heavy penalty of theft upon him - Rs.10,000/- given by..........
Arbitration and Conciliation Act, 1996, Section 9, 2(1)(3), 42, Civil Procedure Code, 1908, Section 20 -- Interim Relief - Territorial jurisdiction - Parties by way of agreement decided that place of arbitration would be State of Orissa - However application u/s.9 of Arbitration Act, filed in Court at Hyderabad - Held only courts in State of Orissa would be vested with..........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g), 14(1)(d) -- Car - Defective car - Manufacturing defect - The vehicle started giving trouble within 15 days from the date of its purchase - Despite change of replacement of several parts it again broke down - Entire engine of the car was replaced - Plea by appellant/OP No.1 dealer that he is only dealer and OP No.3..........
Civil Procedure Code, 1908, Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 10 -- Contempt petition on account of breach of injunction order passed under Order 39 of CPC - Held, CPC itself takes care of situations arising on account of violation of order of injunction or disobedience or order or decree passed by Civil Court - In view of alternative remedy..........
Consumer Protection Act, 1986, Section 2 -- Insurance claim - Plea of suppression of material facts and repudiation of policy raised for the first time at the time of filing written statement which is only an afterthought - No evidence on record to support such plea - Evidence on record well considered - Award passed by National Commission, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Arbitration agreement alleged to be the result of fraud - Ad interim injunction restraining defendants from proceeding with the purported arbitration - When fraud is alleged in execution of the agreement containing an arbitration clause then remedy lies in the civil court - No question of rejection..........
Protection of Human Rights Act, 1993, Section 2(d) -- Human Rights Commission (HRC) entertained complaint containing allegations of land grabbing by Govt. Company - Held, HRC is entitled to go into matters of violation of human rights as defined under Act - Allegation of land grabbing cannot form subject matter of enquiry/adjudication by Commission...........
Contempt of Courts Act, 1971, Section 2(c) -- Disobedience of Court order - Bharat Cooking Coal Limited (BCCL), passed order suspending supply of coal - Court stayed order of suspension - BCCL, by order resumed supply of coal and withdraw order of suspension - Held, after order of resumption of coal, order of court staying suspension came to an end - Thus there was no..........
Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, Section 3, 2(6), 4 -- Disfigurement by objectionable advertisement - Petitioner affixed poster without any permission or consent condemning the Tamil Nadu Government and the poster affixed by the petitioner did not contain any details as to where it was printed - Intention of petitioner to condemn arrest of..........
Cable Television Networks (Regulation) Act, 1995, Section 2(a), 11 -- Cable Television Networks Rule, 1994, R.6(1)(2) - Seizure of equipments used for operating cable television network - Held, authorised officer to pass seizure order - Authorised officer means officer defined in S.2(a) of Act of 1995 and any other officer notified in official Gazette by appropriate Govt...........
