Constitution of India, 1950, Article 227 -- Application under Article 227 - Maintainability - Alternative remedy of appeal available - Application under Article 227 not maintainable where an appeal lies. Code of Civil Procedure, 1908, Section 96...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5, Article 120, 121 -- Abatement - Setting aside - If an application for setting aside the abatement is made within 150 days of the date of death, there is no need to file an application under section 5 of the Limitation Act to condone the delay as no delay as such occurs in view of Arts.120 & 121..........
Transfer of Property Act, 1882, Section 52 -- Transfer of any right pending the suit by either of the party in favour of third parties without permission of Court, is hit by Section 52 of the Transfer of Property Act...........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4 -- Two beneficial provisions do not co-exist - Court to apply one of the other beneficial provision be it Section 360 IPC or Probation of Offenders Act...........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4 -- Applicability of the two provisions - Provision of S.360 Cr.P.C. relates only to persons not under 21 years of age convicted for an offence punishable with fine only or with imprisonment for a term of seven years or less, to any person under 21 years of age or any woman convicted..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Locust standi - Statutory obligation - Complaint against NMDC for non maintaining parks etc. for morning walk - Plea that complainant has no locus standi and as one cannot approach Consumer Forum to enforce statutory obligation repelled - Held that every citizen is a consumer in one form or the other as defined..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165, Indian Penal Code, 1860, Section 376(2)(c) -- Rape - Retarded woman - Case registered on report forwarded by Superintendent and Principal of Retarded and Child Rehabilitation Home - Statement of prosecutrix recorded by Magistrate under section 164 Cr.P.C. - Prosecutrix not examined during trial -..........
Consumer Protection Act, 1986, Section 3,11, Railways Claims Tribunal Act, 1987, Section 13,15 -- Railways Services - Jurisdiction - Additional remedy - Due to delay of 4 hours in reaching the train to Delhi, the complainant missed the train for travel from Delhi to Haridwar and boarded another train by purchasing fresh ticket - District Forum allowed the complaint holding..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Service - Cellular Operator - Mobile telephone services - Telemarketing - By OP Banks ICICI etc. - Plea by OP Banks that they have not provided any credit card service and therefore no deficiency in service arises on their part repelled - Held that complainant falls within the definition of `consumer' as defined..........
Civil Procedure Code, 1908, Section 151 -- Inherent power of Court - (a) The inherent power of a court is in addition to and complimentary to the powers expressly conferred under the Code; (b) The inherent power available under section 151, Civil Procedure Code is not controlled by any other provisions of the Civil Procedure Code; (c) The inherent powers cannot be invoked..........
