Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 36 -- Evacuee property - Enforcement of civil rights - Jurisdiction of civil Court - Plaintiffs/respondents are not questioning evacuee nature of suit property - Plaintiffs/respondents are seeking transfer of suit land to them under policy prepared by defendant No.1 State itself - State counsel for..........
Legal Services Authorities Act, 1987 -- Chapter VIA - Permanent Lok Adalat - Does not deprive the user or consumer of public utility service of an opportunity to have the dispute adjudicated by a civil court or a forum created under special statute - Permanent Lok Adalats are in addition to and not in derogation of a fora provided under Special Statutes...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife lodged complaint against husband, father-in-law and other relatives u/s 498-A IPC - They were acquitted in that case - Decision of acquittal not assailed before higher forum - Allegation on this count were incorrect and untruthful and it can unhesitatingly be stated that such an act creates mental trauma in the..........
Punjab Land Revenue Act, 1887 -- Appeal - Exercise of power - Held, very purpose of preferring appeal to higher forum will be lost if higher forum can only consider in case of rival candidates whether particular decision taken by appointing authority was justified or not - Point for consideration in appeal or revision which ought to include power of re-appraisal cannot be..........
Punjab Municipal Corporation Act, 1976, Section 7A, Constitution of India, 1950, Article 243(ZG) -- Election - Municipal Corporation - Publication of notification - Writ petition challenging non rotation of wards as per reservation - Maintainability - Held election disputes can be raised after completion of elections - Even if there is no ground to challenge rotation of..........
Consumer Protection Act, 1986, Section 2(1)(o) -- Housing construction or building activity, private or statutory, involving offer of plots for sale to its customers with an assurance of development of infrastructure/amenities, lay out, etc. - Is a `service' within the maening of S.2(1) (o) of the Act - Any defect or deficiency in such service would make it accountable..........
Civil Procedure Code, 1908, Section 9, Railway Claims Tribunal Act, 1987, Section 16, Railways Act, 1989, Section 124, 124A -- Accident - Non-passengers - Claim for compensation - Appropriate forum - Held, Railways Claims Tribunal is not conferred with the jurisdiction to entertain the claims of no, passengers or their dependents, even if the injury or death was on account..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Application u/s 147 of NI Act made by parties after proceedings had been concluded before appellate Forum - Held, S.147 of NI Act does not bar parties from compounding an offence u/s 138 even at appellate stage of proceedings - No reason to reject the application u/s 147 of..........
Banking service -- Loan account - Pre-closure charges - Neither the appellant-OP placed on record the Head Office guidelines in regard to pre-payment charges/commitment charges in relation to loan account nor there was any evidence on the file that the said guidelines were brought to the notice of the respondents/complainants and they agreed to the same at the time of..........
Insurance claim -- Repudiation - Suppression of material fact - At the time of revival of insurance policy the insured concealed the material fact of his being suffering from heart disease for which he had been taking treatment for the last five years - The repudiation of claim held to be legal and valid - Impugned judgment of the District Forum allowing the claim liable..........
