Transfer of Property Act, 1882, Section 53A -- Defence of part performance - Must satisfy four conditions - (1) that transferor had contracted to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer could be ascertained with reasonable certainty, (2) that transferee had in part..........
Civil Procedure Code, 1908, Section 148, 149 -- Extension of time after expiry of period originally fixed or granted - Court not powerless to enlarge time for making up deficiency in payment of court-fee even though period originally fixed by Court had expired - Section 148 in terms allows extension of time even though original period had expired and Section 149 is equally..........
Consumer Protection Act, 1986, Section 2(1),(g),r,w, 21, Electricity Act, 1910, Section 26(6) -- Deficiency in service - Electricity bill - Faulty meter - One phase was not giving reading on the meter - Held that the supplementary bill could be raised by the Respondent-Electricity Board only after obtaining a report from the Electrical Inspector, if that happens to be..........
Insecticides Act, 1968, Section 31(1) -- Sample - Offence by company -Sanction to prosecute - Quashing of complaint - Sample of the firm/Company found misbranded - Sanction/permission by the competent authority for prosecution of those companies through their responsible person for offences under the Act - There is nothing on record to show that the sanctioning authority..........
Insecticides Act, 1968, Section 15 -- Sample - Cancellation of licence - Quashing of proceedings - Petitioner dealer firm from whom sample was taken - Licence of the firm cancelled by the competent authority as the firm was found to be selling, stocking and exhibiting for sale unregistered insecticide without licence - Appeal of the firm under Section 15 of the Act..........
Criminal Procedure Code, 1973, Section 482, 397, 401 -- Inherent power - Order passed by Sessions Judge and also by the Sub Divisional Judicial Magistrate revisable order - The same not challenged by filing revision but petitioner under Section 482 filed after a period of five years - Held that when there is specific provision under the Cr.P.C. i.e. Ss.397 and 401 under..........
Criminal Procedure Code, 1973, Section 311, 482 -- Additional evidence - Application by wife for maintenance u/S.125 Cr.P.C. - Wife examined two witnesses but did not appear herself as her own witness and her application stood dismissed - Application by respondent wife before Sessions Court in revision for additional evidence seeking permission to allow her to appear as..........
Criminal Procedure Code, 1973, Section 340, 195 -- Fabrication of document in proceedings before Civil Court - Section 340 Cr.P.C. is applicable irrespective of fact whether proceedings are of Civil or of Criminal nature - S.340 Cr.P.C. is applicable even to the Revenue Courts...........
Consumer Protection Act, 1986, Section 21(b) -- Scooter defect - No manufacturing defect - Defect pointed out rectified and the petitioner complainant gave satisfactory note - Complaint filed alleging various defects and deficiency in service dismissed by the District Forum and appeal also dismissed - Held that petitioner has given satisfactory note - Do not find it a fit..........
Fixed deposit -- Non payment of maturity amount - Deficiency in service - Direction to OP 2 to refund the amount and compensation of Rs, 1,500 - Plea of the complainant petitioner that it was respondent No. 1 on whose representation he had deposited the amount and to fasten liability on him repelled by the District Forum as well as in appeal by the State Commission - Held..........
