Consumer Protection Act, 2019, Section 67 -- Consumer complaint - Joint Development Agreement (JDA) - Delay in delivery of possession - Deficiency in service - Landowners executed GPA in favour of developer to enter into Sale Agreements, execute conveyances, receive consideration and complete registration formalities in respect of developer's share - Construction has to be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is necessary for adjudication of real dispute between parties and does not alter the nature or scope of proceedings - Amendment sought pertains to subsequent development that arose post filing of suit and is intrinsically connected with core dispute - Application rightly allowed...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Unregistered and unstamped development agreement - Document in question is already admitted in evidence - No objection raised as to admitting said document as exhibit in evidence - It is thus, reasonable to leave admissibility of document open in respect of bar u/s 17 of Registration Act to raise their..........
Stamp Act, 1899, Section 2(17) -- Mortgage deed - Instrument executed by appellant fulfills essential characteristics of a mortgage deed - Deed confers a right over specified properties in favour of Development Authority to secure performance of an obligation while preserving appellant's interest until full discharge of obligation - Nomenclature "Security Bond cum Mortgage..........
Criminal Procedure Code, 1973, Section 482 -- Second petition u/s 482 Cr.P.C. - Maintainability of a second petition u/s 482 Cr.P.C. is contingent upon applicants establishing a material change in circumstances or a subsequent legal development that fundamentally alters the basis of earlier rejection...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - End of justice - If the keeping of child in custody is helpful in his development and rehabilitation or protection, only then it could be said the release of child would defeat the ends of justice...........
Arbitration and Conciliation Act, 1996, Section 43, Micro Small and Medium Enterprises Development Act, 2006, Section 18 -- Applicability of provisions of Limitation Act to conciliation and arbitration proceedings initiated u/s 18 of the Act - Considering the overriding effect of the provisions of the MSMED Act and the clear language of Section 18(3), Section 43 of the ACA..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(4) -- Jurisdiction for arbitration in Facilitation Council - Appellant MSME is located in Delhi - In exercise of its power, Facilitation Council entrusted the conduct of arbitration through institutional aegis of Delhi Arbitration Centre - Private agreement between parties stands overridden by statutory..........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(4) -- Jurisdiction for arbitration in Facilitation Council - Agreement between parties stands overridden by statutory provisions under MSMED Act...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Anticipatory bail - Offence u/ss 353, 186, 379 IPC and S.21 of Mines and Minerals Act - Petitioner is alleged to have done illegal mining by using a tipper vehicle which was driven by him - Said vehicle already..........
