Investigation -- Deficiency - If deficiency in investigation or prosecution is visible or can be perceived by lifting the veil trying to hide the realities or covering the obvious deficiencies, Courts have to deal with the same with an iron hand appropriately within the framework of law - It is as much the duty of the prosecutor as of the court to ensure that full and..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency of service - Compensation - Violation of statutory duties of public authorities - 22 persons drowned in lake while riding boat on account of negligence in plying boat - Boat was overloaded and carrying more passengers - No life jackets were provided to victims - Primary liability of contractor stands established..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency of service - Liability of Corporation - Mere appointment of a contractor or employee did not absolve Corporation of its liability to supervise boating activities particularly when there are express stipulations in contract entered into with contractor - Corporation was not only discharging its statutory duties..........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Unmarried daughter - Marriage expenses - Deficiency of Court fees - Rejection of petition - Applicant has not made a claim for recurring maintenance but for marriage expenses which is in the nature of a one time request - In absence of a clear provision governing Court fees payable, applicant was not called upon to..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in services - Investment of amount by complainant/university with UTI for betterment of its employees - Stipulation in `terms of offer' that maturity amount will depend on NAV and same was guaranteed not to be below par value of Rs.10 per unit - All investments are subject to market risks and fluctuations and..........
Consumer Protection Act, 1986, Section 2(1)(o) -- Plot allotment - Statutory Boards and Development Authorities which are allotting sites with the promise of development, are amenable to the jurisdiction of consumer forum in case of deficiency of services...........
Consumer Protection Act, 1986, Section 2(1)(o) -- Plot allotment - Non providing of requisite facilities - Clearly establish deficiency of service - However, allottee cannot refuse to pay the instalment and thus violating the terms of allotment letter - Order of District Forum whereby it allowed 12% interest per annum on the entire deposited amount after two years from the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Non-payment of rent - Tenant failed to establish that he had paid rent w.e.f. 24.08.1998 to 12.11.2005 - He was granted one month's time by Rent Controller to make up deficiency in arrears of rent - Tenant failed to do so - Held, eviction proper - Petition dismissed...........
Registration Act, 1908, Section 17(2)(vi), 49 -- Decree or order - Registration - Decree or order of a Court, except a decree or order made on a compromise and comprising immovable property other than that which is the subject matter of suit or proceeding, is not required to be registered - Decree duly stamped and objection as to deficiency of stamp duty rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of a document - If an objection regarding maintainability of a document is raised on the ground that there is deficiency of stamp duty - Court has to decide the said objection immediately before proceeding further without postponing the decision on it to the final stage of judgment...........
