Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A -- Provision of Section 89 CPC gives the jurisdiction to refer the ADR process and Order 10 Rules 1-A to 1-C lay down the manner in which the said jurisdiction is to be exercised - The scheme is that the Court explains the choices available regarding ADR process to the parties, permits them to opt for a process of..........
Civil Procedure Code, 1908, Section 89 -- Failure to invoke Section 89 of the Code suo moto after completion of pleadings and considering it only after an application u/s 89 is filed is erroneous - Civil Court exercising power u/s 89 of the Code cannot refer a suit to arbitration unless all the parties to the suit agree for such reference...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(ii)(b), (c) -- Eviction sought on ground of bonafide requirement of son of landlord - Landlord did not comply with the provisions of Section 13(3)(a)(ii)(b)(c) of the Act as he omitted to disclose the fact that he has not vacated a building or rented land without sufficient cause after the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Contents of FIR and the statements of witnesses recorded under Section 161 of the Code discloses prima facie case against the petitioners - Dispute involves factual question which cannot be decided by this court - Dispute can be decided only after adducing evidence - Held, no ground made for quashing FIR when..........
Indian Medical Council Act, 1956, Section 15(3), Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 304A -- Medical negligence - Accused practicing allopathic system of medicine though possessed licence issued by Bihar State Ayurvedic and Yunani Medicine Council - Death of a person to whom accused gave injections and tablets - Samples of..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), Limitation Act, 1963, Section 14(3) -- Consumer - Booth site - Auction purchase - Booth in question purchased by complainant in open auction on as and where basis - Complainant cannot be heard to say that he was not aware about the terms and conditions of HUDA auction - Such type of grievances cannot be termed as a..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Specified landlord - Bona-fide requirement - Specified landlord filed composite petition under Section 13 and 13A seeking eviction of tenant on ground of bona-fide requirement - Rent Controller adopted procedure of trial as envisaged under..........
Criminal Procedure Code, 1973, Section 432, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A -- Remission - Conviction under NDPS Act - Accused sentenced to 10 years RI - Accused seeking pre-mature release on the basis of order of remission passed by Governor of state under Section 432 of CrPC - Under Section 32-A of NDPS Act, no sentence can be suspended,..........
Evidence Act, 1872, Section 11 -- Relevant fact - Minor omission in FIR does not affect probability of case - However, omission of important fats in FIR comes within purview of said section...........
Consumer Protection Act, 1986, Section 15 -- Second proviso - Appeal - Deposit, in terms of second proviso to Section 15, is a condition precedent for entertaining the Appeal and admitting them to hearing - Since the petitioner failed to deposit the amount in spite of several opportunities given, the Appeal has rightly been dismissed by the State Commission for..........
