Consumer Protection Act, 1986, Section 2(1)(g), Consumer Protection Act, 2019, Section 2(11) -- Consumer - Bank locker - Breaking open of locker by Bank for non payment of rent dues - However, Rent dues were cleared before breaking open locker - Appellant remained in dark for almost a year before he visited bank for withdrawing his valuables and enquired about status of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant did not contact his advocate for about 3 years from the date when ex parte proceedings were drawn against him, which shows gross negligence towards his own rights - Although, defendant stated that he was out of town for purposes of his livelihood, but neither place nor period during..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Love affair between parties which continued unabatedly for almost 12 years - Accused and prosecutrix involved in a purely consensual relationship with each other for nearly a decade - Allegation against accused that prosecutrix was..........
Service -- Charge of neglect of duty - Order of compulsory retirement set aside by High Court and substituted it by an order of re-instatement with 50% back wages - Various allegations against respondent arise out of gross neglect of duty with respect to theft of railway property - Said charge found to have been proved by Disciplinary authority, appellate authority and..........
Workmen, Section 3 -- Accident - Expiry of driving license - Liability of insurance company - License of employee/driver of lorry who met with an accident has not been renewed for a period of 3 years - Employer showed gross negligence in verifying the same - Employer has to, thus bear responsibility and consequent liability of permitting employee/driver to drive with an..........
Constitution of India, 1950, Article 32, 226 -- Judicial review - It is an evaluation of decision making process and not merits of decision itself - Judicial Review seeks to ensure fairness in treatment and not fairness of conclusion - It ought to be used to correct manifest errors of law or procedure, which might result in significant injustice; or in case of bias or..........
Consumer Protection Act, 1986, Section 12(1)(c) -- Allotment of flat - Delay in handing over possession - Deficiency in service - Compensation - Where there is gross delay in handing over possession by builder beyond contractually stipulated period, flat purchaser is entitled to just and reasonable compensation for such delay - However, such compensation not constrained by..........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of Government - Allegation that revenue officers hatched a conspiracy to facilitate fraudulent sale in discharge of their official duties - Before initiating any inquiry against public servants under the Act, prior approval of Government was a sine qua non and FIR could not have registered..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Rent and eviction - Sub-letting - Plea of employer and employee between tenant and sub-tenant - Both parties agree that tenant is permanently residing in Rajasthan - Everyday control of suit property is with tenant - Sub-tenant also admits to be getting paid commission on the gross sales of the business - However, no..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of one month in lodging FIR - Prompt lodging of report to police is desirable in a cognizable case - There is gross delay in reporting matter to police - Even no explanation given for such delay - Prosecution story thus, suffers a sever jolt for that reason alone...........
