Consumer Protection Act, 1986, Section 2()(g), 14(1)(d) -- Housing - Flat allotment - Deficiency in service - Compensation - Complainant a NRI booked flat in Krishna apartment - Payment made by complainant -Apartment not built and complainant offered flat in Kaveri Apartment which is inferior to Krishna Apartment - Incomplete flat provided and technical possession given -..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Non appearance of plaintiff on date fixed for hearing - Defendants not admitting case of plaintiff either wholly or in part - In such a situation, trial court has no option except to dismiss suit U.O.9.R.8 CPC - In case Court finds that party was not present because of some..........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Partition suit - Certain defendants supporting the case of plaintiff - Whether they should begin their evidence first in preference to other defendants who do not support the plaintiff's case? - Held, No - None of the parties in the suit for partition can be said to have the claim against other - This is not adversary..........
Motor Vehicles Act, 1988, Section 2(14), (47), 66 -- Karnataka Motor Vehicles Taxation Act, 1957, Sections 3(2), 4 and 16 - Transport vehicle - Goods carriage - Tractor-trailer - Whether the taxation authority under the Karnataka Motor Vehicles Taxation Act, 1957, was right in taxing the "tractor-trailer" as a separate and distinct vehicle, different from a tractor and..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for damages for unauthorised occupation - It is a recurring cause of action - If claim for future period is not relinquished and claim pertains to different period than the earlier one, then provision of O.2.R.2 CPC is not applicable...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), Indian Penal Code, 1860, Section 143, 379, 323, 452 -- Juvenile - Bail - Offence u/ss 143, 379, 323 and 452 IPC - Bail granted...........
Criminal Procedure Code, 1973, Section 303, 304, Constitution of India, 1950, Article 21, 2, 39A -- Right to engage a lawyer - Magistrate refused to engage lawyer of choice of accused as he was not empanelled in that Court - State has an obligations to render free legal service to accused - Order of Magistrate improper - Accused entitled to engage lawyer of his choice...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Banking Regulation Act, 1949, Section 21-A - Banking service - Over draft facility - Interest rate -Respondent executed a mortgage deed agreeing to pay interest at 24.95% -It is not open to him to contend that excess rate of interest was collected from him as interest realised from him below 24.95% - Even if on the basis of..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Temporary injunction - Violation - Restraint order of alienation of property - While deciding preliminary issue plaint ordered to be returned for lack of jurisdiction - During pendency of appeal defendant alienated suit property - Held, there is no violation of injunction order as on the date of alienation there was no..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Different causes of action - Joinder of in one suit - Not permissible - 17 pronotes executed at different point of time and in favour of different persons - It is impermissible for different persons, claiming under different pronotes, to join together and file a single suit - Single suit not maintainable...........
