Consumer Protection Act, 1986, Section 2(1)(e), 14 -- Consumer Dispute - The cost or price charged for rendering a service is not a consumer dispute...........
Consumer Protection Act, 1986, Section 2, 17 -- Construction - Disputed questions of fact - Agreement for construction of factory - Construction work stopped by respondents - Claim for compensation - A large number of questions of fact and law involved - Require elaborate evidence, appointment of local Commissioner etc. - All this is not considered within the domain of the..........
Consumer Protection Act, 1986, Section 2(1)(b)(iv), 14(1)(d) -- Telephone service - Disrupted for a period of 1-1/3 months on account of lightening - Complaint of the respondent treated in the representative capacity - Direction issued to pay compensation of Rs.1,000/- to the complainant and also to the other subscribers - District Forum was not justified in converting the..........
Juvenile Justice Act, 1986, Section 2(h), 32(1) -- Juvenile - A duty is cast on the courts to conduct proper enquiry by giving the parties an opportunity to establish their respective claims before a decision is made as to whether a particular accused is juvenile or not...........
Juvenile Justice Act, 1986, Section 2(h), 24, Criminal Procedure Code, 1973, Section 401 -- Contention of the petitioner before Addl. Sessions Judge that on the date of committing of alleged offence on 02.07.1993 he was below 16 - Should not have been charged and tried with other accused under section in view of provisions of Section 24 of the Act - On the basis of school..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation of property during pendency of suit - Both the parties having Wills of the deceased in their favour and disputing the rights of each other - Validity of Wills still to be determined - Will in favour of plaintiff executed later in time cannot be ignored at the interim stage..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Insurance policy - Exclusion clause - Insurance company filed the claim of the complainant as "no claim" - The alleged theft took place on the night of 14.09.1992 and 15.09.1992 - The insurance company did not produce any evidence that prior to September 14th and 15th the premises were left uninhabited - The District..........
Civil Procedure Code, 1908, Order 13, Rule 2, 1 -- Documents - Late production - Two documents in question purporting to be a Board resolution and general power-of-attorney could not be filed at an early stage due to negligence of the Counsel - A litigant should not be made to suffer for fault of its advisors or functionaries responsible for the lapse - Good cause for..........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 2 -- Preliminary issue as to inadmissibility due to non-registration of document - Document found to be compulsorily registrable and inadmissible after its scrutiny - Issue decided against plaintiff - No jurisdictional error committed - Order not likely to occasion failure of justice - No interference in revision is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction restraining Municipal Committee from demolishing wall and taking possession of land inside the Kothi - Land in dispute came under Town Planning Scheme for purposes of a road and a park and as such vested in Municipal Committee - Vendor of plaintiff given notice of..........
