Consumer Protection Act, 1986, Section 2(1),(B),(C),17(a),(i) -- Joint complaint - Pecuniary jurisdiction - 17 complainants who have jointly sought direction alleging deficiency in service - Plea that since separate amount are mentioned for each complainant in the relief the pecuniary value of the said claim by each complainant would fall within the jurisdictiion of the..........
Bank service -- Deficiency in service - Compensation - Dishonour of cheque issued by the respondent complainant to housing board when there was funds in his savings bank account - Respondent suffered a pecuniary loss of Rs. 4,971 in the shape of charge of penal interest and other charges by the Housing Board - Award of a sum of Rs. 11,861/- with interest @ 18% p.a. from..........
Provincial Small Causes Courts Act, 1887, Section 15, Article 4, Bengal, Agra and Assam Civil Courts Act, 1887, Section 25(2) -- Small cause suit - Under U.P. amendment jurisdiction of Judge, Small Cause is Rs.5, 000 and in relation to suits for eviction pecuniary jurisdiction is Rs.25, 000/- - Suit for recovery of rent and damages of Rs.6, 03, 655.54 is beyond pecuniary..........
Consumer Protection Act, 1986, Section 17,(a),(i) -- Pecuniary jurisdiction - Lack of jurisdiction - The plea can be raised at any stage of the proceedings and even at the stage of hearing o the appeal or revision as the case may be - The plea of lack of jurisdiction goes to the root of the matter - It vitally effects the order passed in the case if eventually it is held..........
Consumer Protection Act, 1986, Section 21(a),(i) -- Pecuniary Jurisdiction - Complaint by 199 allottees of Welfare Association a registered body under the Societies Registration Act, 1860 - Preliminary objection that individual allottee of house should approach the appropriate forum in the light of pecuniary jurisdiction repelled - Held that once the complainants have come..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit will be beyond pecuniary jurisdiction of Court - Amendment not to be refused on this ground - It is for Court to direct party to present plaint before competent Court...........
Prevention of Corruption Act, 1947, Section 5(1)(d) -- Ingredients of the provision are - (i) he should have been a public servant (ii) he should have used corrupt or illegal means or otherwise abused his position as public servant (iii) he should have obtained a valuable thing or pecuniary advantage for himself or any other person...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Pecuniary jurisdiction - Original valuation of the suit governs the jurisdiction of executing Court - It is not at all necessary to put fresh valuation...........
Civil Procedure Code, 1908, Section 21(2) -- Pecuniary jurisdiction - Suit for recovery of rent, ejectment and damages filed in Small Causes Court - Objection as to pecuniary jurisdiction raised for the first time in High Court - It is not shown that there was failure of justice on account of suit being tried by Small Causes Court - Suit was cognizable by Small Causes..........
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint returned for presentation before a Court having pecuniary jurisdiction - Plaint presented before a competent Court with amendments and also seeking a further relief without disclosing cause of action therefor - Plaintiff free to make all necessary amendments in plaint..........
