Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Banking service - Cheque encashment - Respondent - complainant engaged in export business and to that purpose hired the services of the Bank, towards encashment of one cheque paid in U.S. Dollars - There was no evidence that the proceed of such cheque, on being cleared on foreign shores would..........
Haryana Urban Development Authority Act, 1977, Section 17(4) -- Resumption order - Passed after filing of the suit - Resumption order not challenged - The contention that the court can grant consequential relief to set aside the resumption order cannot be accepted - The plaintiff should have amended the plaint to challenge the resumption order, if they wanted to challenge..........
Consumer Protection Act, 1986, Section 25 -- Execution proceedings - Executing Court cannot go behind the decree - At the same time the Executing Court cannot direct the decree holder to violate the statutory provisions - Petitioners had not complied with the order dated 11.1.2001 immediately after it was passed by the District Forum or immediately after the appeal was..........
Prevention of Food Adulteration Act, 1954, Section 23 -- Amendment of Rule 47 - Curative in nature - Amended provision permitting saccharin in masalas supari to a particular extent - Held, amendment is retrospective in nature...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- (As amended by Amendment Act, 2002) - Consumer - Commercial purpose - Complaint maintainability - WTG purchased by complainant for commercial purpose - Deficiency in service during the warranty period - It does not bring the complaint within the ambit of consumer and as such the complaint held not maintainable...........
Consumer Protection Act, 1986, Section 2(1)(d)(i) -- (As amended by Amendment Act, 2002) - Consumer - Commercial purpose - Complaint maintainability - Contract for developing software system and to provide various modules for performance and to provide one year warranty - Defect in the modules during the warranty period and when called upon to remove the defect the same..........
Rules -- Statutory rules cannot be amended by Executive instructions but 'if the rules are silent' on any particular point, Government can fill up the gaps by issuing executive instructions, in conformity with the existing rules...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Illustrative but not exhaustive factors to be kept in mind while deciding application for amendment of pleadings are : (1) Whether the amendment sought is imperative for proper and effective adjudication of the case? (2) Whether the application for amendment is bona fide or mala fide? (3) The amendment..........
Prevention of Cruelty to Animals Act, 1960, Section 11 -- Cruelty to animals - Fine prescribed under the Act has outlived its purpose to cause effective deterence - Penalty to be imposed requires enhancement - Writ petition disposed of with certain directions. I) The State Animal Advisory Board constituted under the directions of the Hon'ble Supreme Court, Animal Welfare..........
Stamp Act, 1899, Section 47A, 19B(4) -- Proviso (as amended by State of Tamil Nadu) - Limitation to recover deficit stamp duty in respect of registered sale instrument - Sale deed registered in State of Kerala on 1.2.1990 in respect of land situated in Tamil Nadu - Sale deed came to notice of Registrar in State of Tamil Nadu on 30.03.1996 and was found to be deficit in..........
