Consumer Protection Act, 1986, Section 12, Civil Procedure Code, 1908, Order 41, Rule 27 -- Consumer dispute - Additional evidence at appellate stage - Documents came into existence after filing of appeal before State Commission - Documents are relevant to establish the case of appellants - In absence of these documents, appellants would not be in a position to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant contended that suit pertains to a public religious endowment, thus suit is barred, as prior permission u/s 92 CPC not taken before institution of suit - Contention rejected, as question regarding property in suit pertains to religious endowment cannot be determined at this stage, as same..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Plaintiff earlier moved applications U.O.7.R.14 CPC for five times - However, plaintiffs failed to bring present documents in earlier applications - If such documents are relevant, then plaintiff could have asked for the same in earlier applications - Application apparently looks nothing but a tool..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, 32 -- Right to life and liberty - Petition u/s 482 Cr.P.C. - Maintainability - For enforcement of fundamental rights, Constitution of India made separate provision u/art.226 of Constitution and u/art.32 of Constitution - Hence, petitioners have got direct and more efficacious remedy, by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Additional grounds to resist eviction - Amendment sought before commencement of evidence of rival parties - Application cannot be rejected by entering into merits of amendment - Amendment allowed...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27 -- Cancellation of gift deed in favour of grandson executed by grandfather - Parallel proceedings - Grandfather approached civil Court for cancellation of gift deed before seeking declaration of gift deed as null and void under the Act - Gift deed was not voluntary executed but was obtained by..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27 -- Cancellation of gift deed in favour of grandson executed by grandfather - Jurisdiction of civil Court - Unconditional gift deed executed by grandfather out of love and affection in favour of his grandson - No responsibility cast on grandson to maintain grandfather - Grandfather had even no..........
Civil Procedure Code, 1908, Section 15, 151, Order 7, Rule 10 -- Jurisdiction of Court - Excess valuation of suit to make it come under jurisdiction of Court concerned - Plaintiff is true dominus litius and no prejudice is caused to defendant due to valuation as forum chosen shall be equally available to both the parties - Even otherwise, objection regarding excess..........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Would be an order of dismissal passed in review application...........
Civil Procedure Code, 1908, Order 47, Rule 7, Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 22(2)(e) -- Review against the order passed by Tribunal - Dismissal of application for condonation of delay in filing of review application - Writ petition - Is maintainable - No appeal would lie from the rejection of..........
