Specific Relief Act, 1963, Section 38 -- Suit for injunction - Conduct of defendant in instituting a separate suit after grant of injunction in favour of plaintiff, while concealing earlier injunction order and securing an ex parte order which was subsequently vacated, lends support to inference that defendants attempted to disturb settled possession of plaintiff rather..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Compensation - Statute does not impose any embargo on grant of higher or reasonable compensation merely because parties have agreed to a particular clause, especially where such clause is found to be unfair or oppressive...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Compensation - Power of consumer fora to grant just and reasonable compensation for deficiency in service is traceable to statute and cannot be curtailed by contractual terms which operate to detriment of consumer...........
Constitution of India, 1950, Article 226 -- Writ petition - Once High Court, upon application of mind, declines to entertain a writ petition in exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available but such remedy has not been pursued by petitioner, proceedings do not survive and must draw to an end..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - At the stage of bail, Court is only required to assess whether allegations and material disclose a prima facie case against accused and whether or not a case for grant of bail as per principles governing grant of bail is made out...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - O.7.R.14(3) CPC places a procedural embargo on reception in evidence of documents which were required to be produced or listed at the time of presentation of plaint but were not so produced - However, provision itself confers discretion upon Court to grant leave for production of documents at..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail or anticipatory bail - If a case for grant of bail or anticipatory bail is made out, then Court should proceed to pass an appropriate order - Court should not pass a conditional order of deposit of a particular amount and then exercise its discretion...........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - Following empowerments of S.29-A of the Act enabling Courts to deploy them as and when factual matrix demands Viz. (i) Court has power to extend the time before or after expiry of statutorily stipulated period as per S.29-A(4) of the Act; (ii) Court is empowered..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 25, 29 -- Bail - Contraband - When as per investigation there are financial transactions establishing a monetary link between applicant and co-accused persons, indicating active coordination and involvement in alleged offence of tracking Ganja in..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief - When larger or wider relief is claimed and Court finds entitlement to a lesser relief then Court can grant such lesser relief - However, Court cannot grant a larger or wider relief to suitor than that claimed by him...........
