Civil Procedure Code, 1908, Section 9 -- Companies Act, 1956, Sections 9 and 10 - Press and Registration of Books Act, 1867, Section 8-C - Specific Relief Act, 1963, Section 6 - Jurisdictional bar of civil court - Possession and dispossession from press - Rival claims of parties as to whether one party has illegally been dispossessed by the other or not - Such a suit apart..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Non examination of First informant - FIR proved and exhibited through I.O. - FIR can only be read that in fact it was recorded at the date and time mentioned by the I.O. in his evidence - Contents of the F.I.R. cannot be used for any purpose to base the conviction save and except in..........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Applicant for house allotment - A person who has applied for allotment of a house is covered by definition of a `consumer' as contained in Section 2(1) (d) (ii) of the C.P. Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Criminal - Dishonour of cheque - Compensation - There arises no question of ordering compensation in terms of Section 357(3) of the Code to the Government or State in a case under Section 138 of the Negotiable Instruments Act...........
Consumer Protection Act, 1986, Section 2(1),(o),(d) -- Consumer - Housing construction - Complaint by flat purchasers that house builder not executing Deed of conveyance - Admitted by the builder that there is agreement executed between him and the complainants-flat purchasers and the rights of the parties governed by the provisions of Maharashtra Flat Ownership Act, 1963..........
Constitution of India, 1950, Article 226 -- Alternative remedy of appeal against impugned orders competent - Point with regard to availability of alternative remedy raised for the first time during the course of arguments and that too orally - Writ petition dismissed as withdrawn with liberty to file appeal against impugned orders - Haryana Municipal Act, Section..........
Motor Vehicles Act, 1939, Section 92A,110 -- Motor Vehicles Act, 1988, Section 166(3) - Compensation claim - Limitation - Accident took place on 20.7.1983 - Claim filed before MACT on 11.10.1984 - Findings of the Tribunal that the claim petition filed beyond period of limitation held not maintainable - Appeal filed in 1985 taken up in 2003 after coming into force of 1988..........
Consumer Protection Act, 1986, Section 3,2(1),(d),(ii),14, Railways Claims Tribunal Act, 1987, Section 13,15, Railways Act, 1989, Section 123,124,124A,125 -- Bar of jurisdiction - Railway service - Accidental death - Deceased waiting for train at platform while drinking water at hydrant foundation wall of hydrant fell on him causing his death due to grievous head injury -..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7B -- Telephone bill - Deficiency in service - The provisions of Section 7(B) of the Telegraph Act do not in any way bar a subscriber from filing a complaint under the Act on account of deficiency in service on the part of appellant/OP...........
Consumer Protection Act, 1986, Section 15 -- Limitation - Condonation of delay - Sufficient cause - Mere interdepartmental consultation leading to delay in filing the appeal does not constitute `sufficient cause' for the condonation of delay in terms of the provision of Section 15 of the Act...........
