Criminal Procedure Code, 1973, Section 482 -- Power of High Court to quash criminal proceedings - Private complaint u/s 379 IPC - Revision before Sessions Judge challenging order issuing process - Revision withdrawn - Petition in High Court for quashing the complaint and proceedings arising therefrom - High Court dismissed petition directing petitioner to go before the..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Insurance claim - Marine Cargo air Cover - Parcel of diamonds sent by air failed to reach destination - Cause of action arose on or before 24.5.1999 - The consumer complaint filed on 19.8.2006 without any application for condonation of delay - The consumer complaint ought to have been dismissed being barred by..........
Constitution of India, 1950, Article 14, 16, 226 -- HCS (Judicial Branch), Examination 2010 - Eligibility - Ex - serviceman - Cut - off date - Judicial review - As per the advertisement the last application/closing date was 9.4.2010 - The petitioner admittedly retired from the Indian Air Force on 31.8.2010 hence could not be considered as an Ex - serviceman on 9.4.2010 -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Tours and travels - Air Sahara Holiday Plan 2003 - Air tickets - Loss of air tickets - Duplicate tickets not issued by OP's on the ground that during validity of the lost tickets duplicate tickets cannot be issued - Held that the absence, irregularity or loss of the passenger ticket does not affect the existence..........
Consumer Protection Act, 1986, Section 2(1)(r), 14(1)(d) -- Unfair trade practice - Compensation - Airlines - Air tickets - Free ticket scheme - It was only the appellant's offer of 'free ticket available' which attracted the complainants - respondent to visit Goa - Free tickets scheme only lured them to buy tickets on the basis of belief that they would be made to pay..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2, 7, Limitation Act, 1963, Section 5 -- Ejectment order - Appeal against - Dismissal in default - On application for restoration of appeal, matter remanded which is pending disposal for the last 25 years - Petitioner prayed that appeal be decided on merit after condoning delay - Delay condoned in view of..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Detention order - To support the order of detention the basic requirement is that the confiscated goods were brought from a place outside India and they were imported by sea or air or were brought within the Indian Customs waters for the purpose of being imported contrary to..........
Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Necessary party - Application for impleadment of a necessary party can be filed at any stage of proceeding provided the Court is satisfied that exceptional circumstances prevailing in the case, warrant the impleadment. (AIR 1987 SC 1970 followed)...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation - Allegation of misdiagnosing disease as Guillain Barre Syndrome (GBS) instead of Cervical spondylosis myelopathy (CSM) - Allegation that GBS was a mis - diagnosis or that the treatment was inappropriate neither supported by facts of the case nor the standard medical literature -..........
Air Conditioning System -- Defects in system - Compensation - Ample material on record that there was defect at least in two compressors supplied by the OP as part of the air conditioning system and the said compressors were removed by OP were not replaced - OP's liable to pay the price of the said compressors to the complainant - Despite requests made by the complainant..........
