Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit for title - Defendant raised preliminary issue that valuation of suit should be decided first because suit property is worth Rs.50,00,000/- - However, no written statement is filed by defendant - Preliminary issues raised is disputed question of fact - Merely because defendant has instituted suit with..........
Customs Act, 1962, Section 130E, 2(34), 28 -- Appeals against orders passed by Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) and Customs, Excise and Service Tax Appellate Tribunal (CESTAT) - In first set of appeals CEGAT held that Commissioner of Customs (Prevention), Mumbai, not being a `proper officer' as defined in S.2(34) of Act, does not have..........
Stamp Act, 1899, Section 2(16)(c) -- Schedule 1-B, Article 35(b), 57, - Collection of toll tax - Grant of lease - Any instrument by which toll of any description is let is a lease for the purpose of S.2(16) of the Act - Stamp duty on such lease is payable under Article 35 of Schedule 1-B of the act and not under article 57 thereof...........
Stamp Act, 1899, Section 2(16)(c), Transfer of Property Act, 1882, Section 105 -- Lease - Definition of lease contained in S.2(16)(c) of Stamp Act is very wide and even if the transaction does not amount to a lease u/s 105 of TPA, the same may nonetheless be a lease for the purpose of the Act...........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g), 14(1)(d) -- Housing - Tenement allotment - Poor quality construction - Dismissal of complaint upheld by the State Commission on the ground that had there been any deficiency in service or inferior material had been used the purchasers would not have paid the higher price to the petitioner - complainant - The..........
Consumer Protection Act, 1986, Section 2(c) -- Complaint - Power of attorney - Institution of complaint by power of attorney - Held that there is no provision in the Act debarring the power of attorney holder to file the complaint - In general law, the power of attorney can file the suit if he is authorized to do so - The complaint could be presented by the holder of power..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Insurance claim - Non settlement of the claim on total loss basis as recommended by the Surveyor - Petitioner cannot take the plea that the market value of the truck was Rs. 3 lakh at the time of the accident whereas its market value at the time of insurance had been assessed at Rs. 3,65,000/ - Order of the State..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xxiii), 22(C) -- Cancellation of bail - Recovery of 25 Kg. of `Methamphetamine' - Recovery much beyond limits of commercial quantity - Accused involved in export of contraband - No case of accused that they have any licence, permit or authorization either to..........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g), 14(1)(d) -- Housing - Tenement allotment - Poor quality construction - Dismissal of complaint upheld by the State Commission on the ground that had there been any deficiency in service or inferior material had been used the purchasers would not have paid the higher price to the petitioner - complainant - The..........
Consumer Protection Act, 1986, Section 2(c) -- Complaint - Power of attorney - Institution of complaint by power of attorney - Held that there is no provision in the Act debarring the power of attorney holder to file the complaint - In general law, the power of attorney can file the suit if he is authorized to do so - The complaint could be presented by the holder of power..........
