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...........
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, 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..........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for re-examination - Prayer for re-examination is confined strictly to clarifying ambiguity arising from statement made by a witness during cross-examination which stands at variance with his affidavit and other evidence on record and does not seek to introduce any new..........
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...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 27A, 29 -- Bail - Contraband - Contraband was seized from direct possession of applicant - Applicant has not been able to point out existence of any facts or circumstances that are sufficient to justify recording a finding that he is not guilty of..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Mere act of purchasing immovable property, even multiple units, cannot ipso facto attract exclusion clause of S.2(1)(d) of the Act unless and until it is proved that dominant purpose behind such purchase was commercial in nature - In absence of such proof, appellants cannot be excluded from definition of consumer..........
