Consumer Protection Act, 1986, Section 3 -- Additional remedy - Arbitration - Could not be said to be a bar to entertain the complaint by Consumer Fora constituted under CP Act...........
Plot allotment -- Enhancement of price - Surrender of plot - Deduction of 10% of the total price out of the deposited amount as per condition of allotment letter - Held that this condition is a part of bilateral agreement - Cannot be considered as oppressive condition so as to give a right to the complainant to surrender plot on that account - It has to be taken that the..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Jurisdiction - Order passed by the Administrator in appeal against resumption of plot - Amount of Rs.16 lakhs and odd demanded by the respondent, which is challenged by the appellant in the complaint, was calculated by the Authority pursuant to the order passed by the Administrator - Held that validity of this..........
Consumer Protection Act, 1986, Section 3, Evidence Act, 1872, Section 115 -- Additional remedy - Estoppel - When order has been passed by a Competent Authority under law on representation/appeal filed by a consumer the complainant is estopped from filing a complaint before the Consumer Forum against the order passed by State Government on representation...........
Consumer Protection Act, 1986, Section 3,2(1),(d), Evidence Act, 1872, Section 115 -- Additional remedy - Estoppel - Consumer - Respondent already opted for a certain route for redressal of a grievance relating to per sq. yard price of plot - He was no more the owner of the plot having passed on the interest of the plot to somewhere else with permission to sell upon his..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of application as not pressed for impleading additional defendant - Second application is not barred by res judicata...........
Consumer Protection Act, 1986, Section 2(1),(d),3 -- Consumer - Additional remedy - Housing - Flat - Construction of - Booking cancellation - Refund - Plea that with cancellation of booking the service to be provided by the petitioners came to an end and the dispute can be decided only by civil Court repelled - Held that remedy provided under the Act is in addition and not..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Discretionary power should be used by Court sparingly and only if compelling reasons exist - Person summoned as an additional accused on the statement of complainant - Complainant is not the eye witness to the murder of his father - There was no other incriminating substantive evidence at the time when this..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Conclusion of trial of charge sheeted accused - Held, that conclusion of trial of charge sheeted accused has no effect on the trial of other person who has been summoned as an additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Power of Court u/s 319 Cr.P.C. is discretionary and should be exercised only to achieve criminal justice and Court should not turn against another person whenever it comes across evidence connecting that other person also with the offence - A judicial exercise is called for, keeping a conspectus of the..........
