Consumer Protection Act, 1986, Section 2(1),(c),(g),3, Railways Act, 1989, Section 123,(a),(c),124A, Railway Claims Tribunal Act, 1989, Section 13(1),(a),15 -- Bar of jurisdiction - Additional remedy - The accident took place on account of collapse of the FOB and led to the consequent injuries caused to the Complainant - The definitions of the word 'accident' and 'untoward..........
Contempt of Courts Act, 1971, Section 12, 11 -- Contempt - While dealing with an application for contempt, the court is really concerned with the question whether the earlier decision which has received its finality had been complied with or not - It would not be permissible for a court to examine the correctness of the earlier decision which had not been assailed and to..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy Jurisdiction of Fora - Plea that Consumer Fora has no jurisdiction in view of provision for 'arbitration in the hire-purchase agreement' repelled - Section 3 of the CP Act, 1986 clearly stipulates that this is an 'additional remedy'...........
Consumer Protection Act, 1986, Section 3,2(1),(g) -- Additional remedy - Consumer - Gratuity - Non payment of - Complainant fall within the definition of the consumer - In view of Section 3 of the CP Act, 1986 the Consumer Fora will have jurisdiction to entertain such a case...........
Consumer Protection Act, 1986, Section 11(2),(a) -- Territorial jurisdiction - Gratuity - Non payment of by Bank - Headquarter of petitioner-Bank at Hubli - They are also having a branch office in Bagalkot - Written submission before the District Forum were filed by the Manager of the petitioner-Bank located at Bagalkot - In view of Section 11(2) (a) of the CP Act, 1986..........
Criminal Procedure Code, 1973, Section 70, 71 -- Arrest warrant - Power and jurisdiction of Court - Power to issue appropriate warrant against an accused on his failure to attend Court on the date of hearing of matter has to be exercised judiciously and not arbitrarily - In case, accused fails to remain present on the date of hearing of matter, who had been previously..........
Civil Procedure Code, 1908, Section 20, Indian Contract Act, 1872, Section 7 -- Territorial jurisdiction - Suit arising out of contract - Making of contract at place of suing is a part of cause of action - Suit can be filed at a place where contract was made or concluded - Acceptance of offer upon making of demand by defendant even though deceitful would be complete as..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Discretionary writ jurisdiction should be exercised keeping in view the conduct of the parties...........
Territorial jurisdiction -- Issue of - It is a mixed question of law and fact...........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Married daughter - Claiming maintenance from father - Father has no legal and statutory obligation to maintain his married daughter even if she is unable to maintain herself - Impugned order granting maintenance to a married daughter set aside being without any jurisdiction and without any legal sanction...........
