Consumer Protection Act, 1986, Section 17 -- Consumer complaint - Unfair trade practice - Joint venture agreement - Construction of dwelling units - Appellants/owners of land entered into agreement with Respondent No.2 and also executed irrevocable power of attorney in his favour and Respondent No.2 on the basis of said documents entered into sale agreements with..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - If a suit is not maintainable due to a specific legal bar such as the expiration of limitation period under the Limitation Act or any statutory prohibition, Court has power to reject plaint at the preliminary stage without the need for a full trial...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory Bail in an offence under SCST Act - No Absolute Bar - S.18 of the Act does not impose an absolute bar on the grant of anticipatory bail in cases registered under the Act - Held that (a) Term `arrest' appearing in the text of S.18 of the Act should be construed and..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Pre-reference and pendente lite interest - Power of Arbitrator to award pre-reference and pendente lite interest is not restricted when the agreement is silent on whether interest can be awarded or does not contain a specific term that prohibits the same...........
Police has no power to resolve civil disputes -- Neither Cr.P.C/BNSS nor Police Act nor any other law governing powers and duties of police confers power upon police to adjudicate disputed question relating to title, possession, boundary, encroachment etc. - Police has no authority to act as a Civil Court to adjudicate civil dispute set out in the complaint - They are..........
Civil Procedure Code, 1908, Section 152 -- Correction/amendment of decree - Court before exercising inherent power u/s 152 CPC, should issue notice to parties so that they will get an opportunity to have their say in the matter - In that process, ultimate order to be passed in exercise of power u/s 152 CPC will also be known to parties to which they are entitled to...........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternative accommodation - Husband does not have a right to seek any relief under the Act - However, Court can in exercise of its power u/s 19(1)(f) of the Act, still issue appropriate orders to him or other respondents before it, to provide alternate accommodation to aggrieved person...........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Disputed signatures - Defendant disputed her signature on receipt of payment of Rs.25,000/- - In such circumstances, Court did not take any risk of comparing the signature on disputed receipt with any admitted signature of defendant by invoking S.73 of Evidence Act, rather exercised power u/s 45 of the Act seeking..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 32, Jharkhand State Maintenance and Welfare of Parents and Senior Citizens Rules, 2014, Rule 19(3) -- Power of Deputy Commissioner - R.19(3) of Rules empowers Deputy Commissioner to issue directions to any concerned Government or Constitutional Agency or body functioning in the district, as per..........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - Court is not obligated to invoke power U.O.16.R.14 CPC at the instance of parties and parties have no right to move an application under said rule - However, either of parties can bring to notice of Court the necessity for examining any person as Court witness - If Court is satisfied about such a necessity to..........
