Consumer Protection Act, 1986, Section 17(b),27 -- Execution - Penalties - Non compliance of the order of the District Forum - Application under Sections 25 and 27 of the Act by the respondent complainant - Plea of lack of territorial jurisdiction as raised in complaint which was rejected again raised while filing objection to the objection and the same repelled - Held..........
Consumer Protection Act, 1986, Section 2(1),(g), Post Office Act, 1898, Section 48 -- Money order - Delay in making the payment on account of the wrong address of payee - There is no allegation of any fraud or wilful act on the employee of the department for delayed payment or money order - In view of specific provision under Section 48 of the Post Offices Act, the..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree for injunction - Executing Court supposed to pass order only if some wilful violation of decree is alleged and proved on the part of judgment - debtor and not otherwise - Once proved that judgment - debtor not made any violation of decree - No option left with Executing Court except to dismiss application - Executing..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Has not been defined in the Act - It consists of unwarranted and unjustifiable conduct on the part of one spouse causing other spouse to endure suffering and distress, thereby destroying peace of mind and making living with such spouse unbearable, completely destroying the real purpose and object of marriage - If a..........
Contempt of Courts Act, 1971, Section 12 -- For holding liable in contempt what is necessary is to satisfy the conscience of the Court whether its order has been complied with by the parties or not and whether the disobedience is wilful or deliberate...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Post Office Act, 1898, Section 6 -- Postal service - Deficiency in service - Compensation - Delay of 9 days in delivery of letter - The act of the OPs not only found falling within the term `wilful act' but also `default' - Plea of protection of appellant OP under Section 6 of the Post Office Act repelled -..........
Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust or cheating - Complaint - Main offence alleged is that respondent trust running Dental College has cheated appellant a non-banking financial institution and dishonestly induced him to deliver property - No allegation that respondent made any wilful representation and that there was fraud or dishonest..........
Contempt of Courts Act, 1971, Section 2(b) -- Wilful disobedience - Eviction decree - Appeal to Supreme Court - Interim stay granted - Contemners attempting to enforce decree contrary to order of Court - Stand taken in reply to show cause notice pervaricating - Explanation that tenant did not produce certified copy of order - Not satisfactory to mitigate charge made..........
Civil Procedure Code, 1908, Section 148 -- Decree for specific performance - Deposit of purchase price - Mere failure on the part of the D.H. to deposit the amount does not render the decree ineffective or release the J.D. from his liability to satisfy the decree - It is only when there is wilful default on the part of the D.H. to make the deposit, that the Court would be..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- 'Cruelty' - Wife's wilful desertion of husband for years and complete denial of conjugal relationship - Amounts to mental cruelty...........
