Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Tubewell electricity connection - Instruction No. 26 of the Sales Manual of the Board envisaged provision of connection within two months after issue of demand note - Electric connection not given even after expiry of three to five years - District Forum allowing complaints and directing release of connection..........
Haryana Panchayati Raj Act, 1994, Section 175(l)(q), 177(1) -- Constitutionality of - Both provisions intra vires the Constitution - Provisions salutary and in public interest - Disqualification on right to contest election by having more than two living children - Does not contravene any fundamental right nor does it cross limits of reasonability - Disqualification in..........
Haryana Panchayati Raj Act, 1994, Section 175(l)(q), 177(1) -- Disqualification on right to contest/hold office in Panchayat having more than two living children - Constitutionality of - Neither arbitrary nor unreasonable nor discriminatory - Not violative of Article 14 of Constitution - Seeks to achieve a laudable purpose, socio-economic welfare and health care of masses..........
Constitution of India, 1950, Article 25 -- Freedom under Article 25 subject to public order, morality and health and itself permits a legislation in the interest of social welfare and reform which are part and parcel of public order, national morality and collective health of nation's people - Protection under Articles 25 and 26 is with respect to religious practice which..........
Res judicata -- Allotment of flat - Complainant found ineligible in terms of regulation 6(i) of the C.H.B. Regulations, 1979 - Matter regarding same registration No. decided by National Commission - Contents of the complaint are materially and substantially the same as decided by National Commission - Complaint held clearly barred by principle of res judicata...........
Interest -- Earnest money - Non allotment of plot - Brochure did not stipulate payment of interest on earnest money - District Forum relied on the decision of National Commission in case PUDA vs. Inderpal Singh and ordered refund of earnest money with interest @18% p.a. - No infirmity in impugned order...........
Consumer Protection Act, 1986, Section 24, 25 -- Decisions of the Consumer Dispute Redressal Fora including the State Commission and the National Commission are not binding precedents on the Courts...........
Consumer Protection Act, 1986, Section 21 -- Pecuniary jurisdiction - Banking service - Inflated claim - Claim for compensation of Rs.47,17,012/- made in complaint is the cheque amount alleged to have been withdrawn from OP Bank on the basis of forged authority letter - Alleged claim of Rs. 250.10 lakhs on account of loss suffered in business and Rs. 15 lakhs towards..........
National Security Act, 1980, Section 3(2) -- 'Breach of law and order' and 'Public order' - Distinction - If impact of act is restricted to individuals it would amount to violation of 'law and order' but if it affects the tempo of life of the community as a whole or a segment of the community, it would constitute violation of 'public order'...........
National Security Act, 1980, Section 3(2) -- Rape of a widow by threatening to kill the neighbours by show of bomb - Fear psychosis created in adjoining localities - People hiding in their houses - Tempo of life of people living in neighbour of widow affected - Clear case of breach of 'public order' - Detention order is valid...........
