Criminal Procedure Code, 1973, Section 319 -- Additional accused - Court can exercise power u/s 319 Cr.P.C. on an application made to the Court or by the Court suo motu - It is in the discretion of the Court to take an action under the said section and the Court is expected to exercise the discretion judicially and judiciously having regard to the facts and circumstances..........
Haryana Panchayati Raj Act, 1994, Section 53(2), 53(3) -- Misappropriation of Panchayat funds by petitioner as Sarpanch in the year 1996 - Petitioner ceased to be Sarpanch - Notice issued in year 2002 by BDPO for effecting recovery from petitioner - Held, Notice was manifestly barred by limitation which is 2 years as envisaged u/s.53(5) of the Act - Action for recovery..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Condonation of delay - Cause of action as per own showing of complainant had arisen on 13.8.1994 - Complaint filed in July, 1997 after delay of more than 11 months - No application for condonation of delay filed - The complaint qua second OP barred by limitation as per provision of Section 24A of the Act hence not..........
Civil Procedure Code, 1908, Order 2, Rule 4 -- Joinder of cause of action - Leave of Court - Provision of O.2.R.4 CPC has no application to suit for partition of ancestral property - It applies only to suit for recovery of immovable property...........
Consumer Protection Act, 1986, Section 21 -- Pecuniary jurisdiction - Valuation of flat @ 12,000/ - per sq. ft. put by the complainant to bring the complaint within the pecuniary jurisdiction of the Commission - Without commenting on the merits of case, the complaint disposed of with liberty reserved to the complainant to file complaint on same cause of action with..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of application - Plaint, cause of action and prayer in plaint considered - No ground to interfere with order of trial court rejecting application U.O.7.R.11 CPC...........
Consumer Protection Act, 1986, Section 11 -- Pecuniary jurisdiction - Determination of - At admission stage - Banking service - Vehicle finance - Forcible possession of vehicle - Even if the allegation of the complainant are assumed to be correct and action of the respondent held to be incorrect still the amount of compensation shall not exceed Rs. 20 lacs for the purpose..........
Mohammadan Law/Mohammedan Law, Section 226, 232 -- Pre-emption - Right of - Sale alone gives rise to pre-emption - When only an agreement to sell is executed then suit for pre-emption is not maintainable as there is no cause of action to file such a suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint when read as a whole does not disclose cause of action then it can be rejected U.O.7.R.11 CPC - Similarly a plea of bar to jurisdiction of civil court has to be considered having regard to the contentions raised in the plaint...........
Consumer Protection Act, 1986, Section 24A, Carriage by Air Act, 1972 -- Limitation - Air carriage - Goods were sent in 1994 delivered without collecting original documents - The cause of action would deem to have arisen within a reasonable period in 1994 - The period of 2 years expired in middle of 1996 - Held that CP Act is a self contained Act - The provision of..........
