Consumer Protection Act, 1986, Section 17(b) -- Shares - Sale and purchase of shares and for the refund of the money invested therein as well as for compensation arising therefrom are matters which are certainly covered under the consumer jurisdiction and relief can be granted in appropriate cases by the Consumer Fora...........
Consumer Protection Act, 1986, Section 14 -- Complaint regarding entering of dirty drainage and sewerage water into house-cum-plot of complainant - District Forum partly accepted the complaint - The basic ingredients for establishing a consumer dispute have not been established - District Forum was not within its jurisdiction to allow the complaints - Case remitted back to..........
Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 2, Rule 2 - - No prohibition for taking additional pleas by legal representatives regarding res judicata, suit being barred by time or barred under Order 2 Rule 2, being pure questions of law - Law permits legal representatives to raise all contentions except those which were personal to..........
Criminal Procedure Code, 1973, Section 319, 482 -- Expunction of remarks - Petition for - Application by petitioner under section 319 as Assistant Public Prosecutor invoking the jurisdiction of the Court to summon `D' and `A' also for trial - Sessions Judge declined the application on the ground that application filed without seeking instructions from the District..........
Consumer Protection Act, 1986, Section 14(2) -- Jurisdiction - President of the District Forum passed order sitting singly as both the companion Members have completed their term - Order without jurisdiction being violative of the provisions of S.14(2) of the Act and set aside and case remitted back to the District Forum...........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Railways Claims Tribunal Act, 1987, Ss.13, 15 & 28 - Railways Act, S.138 - Refund of excess amount charged as penalty' - Jurisdiction -Plea of the Railways that Consumer Fora has no jurisdiction to entertain the same in view of the provisions of Railways Claims Tribunal Act - Held that the said penalty of Rs.50/-..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Whenever the plea of res judicata is raised, the Court has to investigate the facts in order to determine whether the requirements of S.11 of CPC have been fulfilled or not - Party concerned has to file copy of the pleadings of the earlier suit as also copy of the issues and the judgment so that the Court can see..........
Civil Procedure Code, 1908, Section 12, Order 23, Rule 1(4), Civil Procedure Code, 1908, Order 9, Rule 9 -- Withdrawal of suit without permission of Court - Precluded from instituting a fresh suit in respect of same cause of action - Plea of bar U.O.23.R.1(4) being a pure question of law affecting jurisdiction of Court, can be raised at any stage of suit or appeal unlike..........
Essential Commodities Act, 1955, Section 6A -- Superdari - Jurisdiction of Special Court - Special Court under the Essential Commodities Act declined to release tanker on sapurdari on the ground that question of release of tanker on Sapurdari lies within the jurisdiction of Collector u/S.6A of the Act - Tanker taken in custody on 12.03.1997 - Collector did not pass any..........
Punjab Land Records Manual -- Para 7.29 - Correction in record of rights by `Farad Badar' - Revenue Officers have no jurisdiction - Only Civil Court has jurisdiction to order correction - Punjab Land Revenue Act, Section 45...........
