Consumer Protection Act, 1986, Section 2(1)(d) , 17 -- Consumer - Commercial purpose - Complaint maintainability - Contention by the OP revision petitioner that the contract/agreement entered into between the parties for the purpose of installation of software in question being a commercial contract the complaint by complainant Co - operative Housing Society not..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Revision - Compounding of offence - A joint compromise memo filed by both parties - Held, considering the fact that the matter has been compromised between both parties, respondent herein is permitted to compound offence against revision petitioner/accused - Conviction and sentence..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Accused convicted and sentenced - Parties compromised in revision - Accused deserves to be dealt with leniently in the matter of sentence - Order of sentence set aside...........
Civil Procedure Code, 1908, Order 3, 29, 3 -- Vakalatnama - Defective vakalatnama is liable to be returned - Defects routinely found in Vakalatnamas are : (a) Failure to mention the name/s of the person/s executing the Vakalatnama, and leaving the relevant column blank; (b) Failure to disclose the name, designation or authority of the person executing the Vakalatnama on..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that ad valorem Court fee is payable - Suit for declaration that plaintiff alongwith defendants No.1 to 3 are owners in joint possession - Plaintiff claiming relief of declaration and injunction on the basis of existing title - Trial Court dismissed the application by holding that it is a mixed..........
Constitution of India, 1950, Article 227 -- Supervisory jurisdiction - Exercise of - Held, interim order which determines right of parties, effect or cause prejudice to them could be examined by this court while exercising powers u/Art. 227 of Constitution of India - It is not each and every interim order which relates to procedure and does not cause any prejudice or..........
Medical negligence -- Teeth treatment - Treatment of teeth stopped midway by doctor - Findings by District Forum holding the doctor negligent - State Commission though holding that there was no medical negligence involved yet direction given to doctor to refund of Rs. 14,000/ - amount purported to have been paid by the complainant for treatment - Both parties filing..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revision - Dismissal by High Court in view of concurrent findings of Courts below - Held, High Court in its revisional jurisdiction ought to have recorded its independent findings on merits after considering all points, raised by the parties, before it, based on the assessment of the evidence by the authorities..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction - Pending revision, parties have settled the matter - Petition has been filed u/s 147 of the Negotiable Instruments Act, 1881 seeking permission to record composition - Petition has been signed by both revision petitioner as well as complainant and their..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise during pendency of revision against conviction - Parties compromised - Loan amount repaid - Complainant waived compensation amount imposed by trial Court - In view of compromise accused acquitted granting him exemption from surrendering...........
