Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Shares certificates - Transfer of - Only OP is situated at Mumbai and no cause of action at all had occurred at Patiala - Since none of the conditions of Section 11(2) were before the Forum, it wrongly proceeded with the complaint though it patently lack in necessary territorial jurisdiction as none..........
Constitution of India, 1950, Article 226, Consumer Protection Act, 1986, Section 25 , 27 , 27A -- Writ jurisdiction - Alternative remedy - Order under Section 27 passed by the Forum - No appeal filed under Section 27A of the Act - Writ petition filed before High Court - Held that there was no occasion for the petitioner to come up in writ petition before High Court when..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Efficiency bar - Concurrent findings that efficiency bar cannot be stopped merely because of some adverse remarks but there must be material on the service record to stop the efficiency bar - That being a finding of fact cannot be challenged in view of Section 100 CPC...........
Consumer Protection Act, 1986, Section 2(1)(g), Andhra Pradesh Chit Fund Act, 1971, Section 3 -- Bye - laws of Model Chit Corporation, Section 21(a) - Chit fund - Complainant had not paid 10 monthly subscription - As per 2nd sub - para of the Section 21(a) of the bye - laws the chit fund holder was liable to be removed from the list of subscribers and this was exactly done..........
Consumer Protection Act, 1986, Section 25 , 27 -- Execution proceedings - Penalty - Action initiated either under Section 27 or 25 of the Act is in the nature of execution proceedings - Since the awarded amount had been tendered during the pendency of execution proceedings itself, the Fora below could have imposed only the cost of execution proceedings and not the penalty..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Plot - Resumption order - Complaint filed after a period of more than two years from the date of passing of resumption order - Complaint held to be time barred in view of Section 24 - A of the CP Act...........
Criminal Procedure Code, 1973, Section 374 -- Conviction - Appeal - Held, conjoint reading of sub-section (2) and (3) of S.374 of the Code makes it clear that an appeal by any person convicted by Sessions Judge or Additional Session Judge shall lie to High Court irrespective of quantum of punishment - Even an appeal by a person convicted on a trial held by any court other..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Arbitration - Housing - Residential plot - Allotment of - Contention of OP that matter under dispute should have been referred to the Arbitrator as per terms and conditions of allotment repelled - Under Section 3 of CP Act in spite of provisions of arbitration, complaint can be filed under the Act...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Protection when available - Held, protection is available only when alleged act done by public servant is reasonably connected with discharge of his official duty and is not merely a cloak for doing objectionable act - If in doing public duty, he acted in excess of his duty, but there is a reasonable..........
Criminal Procedure Code, 1973, Section 195 -- Forged document filed in Court - Held, that S.195(1)(b)(ii) not attracted - This provision would be attracted only when offences stated in this section have been committed with respect to a document after it has been produced or given in evidence in a proceeding in any Court...........
