Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation/damages - Damages cannot be awarded merely on presumptions or whims and fancies of complainant - To make out a case for award of damages especially when claim is to the tune of crores of rupees, some trustworthy and reliable evidence has to be led...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation/damages - Claim of compensation was for crores of rupees - Merely on basis of photocopies of documents placed on record by respondent, Commission has committed an error in awarding huge amount of compensation of Rs.2,00,00,000 which cannot be justified - Even discrepancies in photocopies..........
Arbitration and Conciliation Act, 1996, Section 29A(6) -- Substitution of Arbitrator - There will be no substitution of an Arbitrator as an inevitable consequence, when Court is considering extension of mandate that has already expired - Arbitrator will be substituted if situation so warranted...........
Negotiable Instruments Act, 1881, Section 138, Kerala Court Fees and Suits Valuation Act, 1959, Article 21(a) -- Complaint u/s 138 of N.I. Act - Court fee - It is mandatory for complainants in a prosecution u/s 138 of N.I. Act to pay Court fee u/art 21(a) of KCF & SV Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings made qua cause of action in plaint - Whether facts as pleaded are true or not is a matter of evidence - No finding definitely can be recorded to said effect while deciding an application U.O.7.R.11 CPC - Application rightly rejected...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21(c), 25, 29 -- Bail - Contraband - Petitioner No.2 along with petitioner No.1 were caught red handed while transporting contraband, which is of commercial quantity and therefore, rigor of S.37 of NDPS would apply with full force - Court not in a..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Opinion of investigating agency does not bind Court and Court may independently exercise powers u/s 319 Cr.P.C., yet investigative conclusion remains a relevant circumstance in assessing whether evidence recorded during trial truly crosses higher evidentiary threshold...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A -- Summoning of additional accused - Offence u/s 498-A IPC - Allegations of cruelty and harassment in connection with alleged monetary demand attributed with clarity and consistency to husband and father-in-law - However, no specific overt act, date, instance, conversation or independent..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Expeditious disposal of application - Disposal of application within 60 days is not possible or practical, but endeavour should be made for expeditious disposal without depriving any of parties of effective hearing - If unnecessary or long adjournments are granted to either..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - Period of incarceration has no bearing in the matter of bail involving commercial quantities of narcotic drugs under NDPS Act in a case where embargo u/s 37(1)(b) of the Act is attracted or accused has criminal antecedents...........
