Consumer Protection Act, 1986, Section 3, 14, Railway Claims Tribunal Act, 1987, Section 13(1)(a)(ii), 15 -- Jurisdiction - Railways - No, delivery of consignment of goods - Case of the complainant would be covered by provisions of Section 13(1)(a)(i) of Act, 1987 as the allegation was no, delivery of goods that it had booked - The matter would be squarely within the..........
Criminal Procedure Code, 1973, Section 167(2)(a), Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Period of custody - Held, u/s 306, IPC offence can be punished for a term of imprisonment which may extend to ten years which shows that imprisonment under this Section can be for a period of less than ten years and such case would not be covered by clear..........
Consumer Protection Act, 1986, Section 13(4), 13(5), Delhi Rent Control Act, 1958, Section 36 -- Power of District Forum and Rent Controller - Except for provision of Section 13(iv) all other powers vested with the District Forum under the Consumer Protection Act and of the Controller under DRCA are common - Both the enactments are special enactments and operate for the..........
Criminal Procedure Code, 1973, Section 25A -- amended by Act 25 of 2005) - Director General of Prosecution - Procedure for appointment - Held, qualification for appointment of Director of Prosecution is 10 years experience and for appointment concurrence of Chief Justice of High Court is required u/s 25A(2) - State Govt. is left with complete discretion to start a..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 36 -- Allocation of land - Delivery of possession - Jurisdiction of civil Court - - Held, from bare perusal of S.36 of the Act it transpires that the Act was enacted for putting displaced persons in possession of land out of common pool and this Section creates a bar over jurisdiction of civil Court qua..........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Specific performance - Readiness and willingness - Plaintiff specifically pleaded in the plaint in terms of the requirement as provided under Section 16(c) of the Specific Relief Act that he was and is still ready and willing to pay the balance consideration amount and get the sale deed executed and registered..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Change in circumstances - Alteration therein - Held, a perusal of provisions of S.127 of Cr.P.C. makes it clear that where once an order for maintenance is passed u/s 125 of Cr.P.C. amount can be increased or decreased by change of circumstances of person receiving, or of person paying the amount - Change in..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Compensation - Claim petition - Insurer need not be impleaded as a party - It should only be issued a statutory notice u/s 149(2) of the Act - Insurer can resist the claim on any of the grounds mentioned in S.149 clauses (a) and (b) of sub-section (2) of the Act...........
Interpretation of Statutes -- Central Excise Act, 1944, S.2(f) - Section Note - Applicability - Held, Section Note has very limited purpose of extending coverage to particular items to relevant tariff entry in the Schedule for determining the applicable rate of duty - It cannot be readily construed to have any deeming effect in relation to process of manufacture as..........
Civil Procedure Code, 1908, Section 35A -- Compensatory costs - Unless the compensatory costs is brought to a realistic level, the present provision authorizing levy of an absurdly small sum by present day standards may, instead of discouraging such litigation, encourage false and vexatious claims - Legislature may consider award of `punitive costs' under section 35A CPC...........
