Consumer Protection Act, 1986, Section 21 -- Medical Negligence - Award of compensation of Rs.One lakh by District Forum - Order not challenged by consumer - Order became final - In a revision filed by respondent State Commission confirmed the order passed by District Forum - National Commissioner while dismissing revision, enhanced the compensation from One Lakh to ten..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Booking of new car - Delivery of "Demo Test Drive Vehicle" - Amounts to unfair trade practice - District Forum and State Commission directed dealer to give delivery of new car with costs - National Commission modified the order and directed to pay compensation in the sum of Rs.1 lakh - Appeal allowed..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Jurisdiction of National Commission - National Commission can interfere in revision where it is found that State Commission has exercised its jurisdiction not vested in it by law or has exercised its jurisdiction so vested illegally or with material irregularity - In exercising revisional jurisdiction, National..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute arising out of non-renewal of lease is arbitrable as per lease deed executed between parties - Arbitration clause cannot be rendered otiose by refusal of State to renew lease - Former Chief Justice of Gujarat High Court and former Chairman of Sikkim Law Commission is thus,..........
Punjab Courts Act, 1918, Section 41, Civil Procedure Code, 1908, Section 100 -- Second appeal - In State of Haryana Court in second appeal is not required to formulate a substantial question of law, as S.41 of Punjab Courts Act is applicable in State of Haryana and not S.100 CPC...........
Indian Penal Code, 1860, Section 376(2)(f)(i), 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence u/ss 376(2)(f)(i), 506 IPC and S.6 POCSO Act - Conviction - There was reliance upon the Secondary Examination Certificate as there was no official record of the State which has been produced regarding the age of the victim - Board of Doctors have..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 201, 118 -- Discharge - Murder - Complainant in complaint has not named accused as perpetrator of offence rather she stated that she suspects foul play - I.O has not brought even prima facie material in charge sheet as to what was the motive on the part of accused to commit alleged..........
Stamp Act, 1899, Section 33, 35, 38, 39 -- Deficient stamp duty - Penalty - Parties entered into an agreement to sell without having knowledge of amendment carried out by State of Punjab - Amount of deficient stamp duty comes to Rs.6 lakhs approximately - No material on record that plaintiff intentionally tried to evade payment of stamp duty or tried to cause loss to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court can grant transit anticipatory bail to a person apprehending arrest in a different State even when there is no FIR filed against him...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Allegation against sister-in-law of deceased and husband of sister-in-law - Dying declaration of deceased does not state that dowry was cause of death - Husband of deceased was completely exonerated in dying declaration and he was not charge sheeted and prosecuted - It was the husband who had taken..........
