Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 362, 482 -- Revision - Final order passed directing accused to deposit the amount of fine before Court below and if fine realised the same was payable to complainant - Amount of fine paid to complainant instead of depositing in Court - High Court directed the complainant to file an..........
Flat allotment -- Deficiency in service - Compensation - Alternative plot - By inadvertent mistake flat allotted which did not exist at the site - Alternative plot allotted which was no acceptable to the respondent - Direction by District Forum for giving possession of alternative plot on payment of requisite charges without any interest or incase complainant not..........
Insurance Policy -- Lapse of policy - Deficiency in service - Compensation - Due to inadvertent mistake of the officials of respondent No. 1 premium receipt was not received and the amount was kept on extra credit amount - Once mistake had come to their notice the respondents deposited the amount in the appellants account and the policy was revived and the late fee and the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - When an application for adducing additional evidence is allowed, the appellate Court has two options - It may record the evidence itself or it may direct the trial court to do so - Trial Court cannot be directed to dispose of the suit after taking evidence - In the instant case additional evidence..........
Hindu Marriage Act, 1955, Section 5(iii), 11, 12, Prohibition of Child Marriage Act, 2006, Section 3, 9, 12(a), 18 -- A widower aged 40 married a poor and illiterate girl aged 17 years with her consent - Held, marriage in violation of Prohibition of Child Marriage Act, though invalid is not void under civil law - However, direction issued that girl, till she attains the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte temporary injunction granted - Subsequently injunction application dismissed - Appeal against - Both the parties through respective counsels sought direction to the trial court to decide the suit within a particular period and further directing for maintenance status quo during pendency of the suit - In view of..........
Medical Termination of Pregnancy Act, 1971, Section 3, 4 -- Rape of minor girl - Permission sought for termination of pregnancy by victim girl and her parents - Parents of victim belong to poor society and pregnancy being a stigma, may invite innumerable mental, physical and social problems, if resulted into birth of a child - Held, case falls within the exceptions where..........
Maharashtra Control of Organised Crime Act, 1999, Section 2(e), 23, Constitution of India, 1950, Article 226 -- Writ Petition seeking direction to the State Govt. to establish Review Committee so as to screen abuse of MCOCA - Indirectly petitioner wants indulgence of the Court to direct legislature either to amend MCOCA or to enact a new law - Held, Court cannot assume..........
Banking service -- Loan amount - Interest rate - Repayment of loan by 1984 riot victims - Direction by Reserve Bank of India for charging 6% interest on loan - Benefit under the Scheme denied to the respondent on the ground that the complainant was capable of repaying the loan - The ground does not conform to or fulfill the requirement under the Scheme - Held that the..........
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..........
