Motor Vehicles Act, 1988 - - Recourse to both under Indian Penal Code and Motor Vehicles Act is permissible - There is no bar under Motor Vehicles Act or otherwise, to try and prosecute offences under IPC for an offence relating to motor vehicle accidents - Prosecution, if otherwise maintainable lies both under IPC and Motor Vehicles Act, as both statutes operate with full..........
Insolvency and Bankruptcy Code, 2016, Section 9 - - Proceeding u/s 9 of the Act - Maintainability - Prior approval of Central Government as required u/s 16(G) of Tea Act not taken - Provisions of I&B Code have an overriding effect over Tea Act - No prior consent of Central Government before initiation of proceedings u/s 7 or S.9 of the Code is required and even without..........
Consumer Protection Act, 1986, Section 23, 2(1)(d) -- Deficiency in service - Sale of shop - Non-delivery of possession of shop - Consumer - Premises in question were booked, as complainants wanted to come down to Delhi to start a business after disposing of property in Denmark - Complainant was not employed any more in Denmark and he was serving Red Cross a charitable..........
Guardians and Wards Act, 1890, Section 12, 47 -- Order passed u/s 12 of the Act - Appeal thereagainst - Not maintainable...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deeds is maintainable before civil Court - Suit held, not barred by S.49 of U.P Consolidation of Holdings Act...........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Suit U.O.37 CPC is maintainable only if a claim within ambit of O.37 CPC is made thereunder...........
Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 294 -- Conviction u/s 294 IPC and acquittal u/ss 147, 506 IPC by trial Court - Appellate Court acquitted accused u/s 294 IPC - Revision against - It is appeal and not revision which is maintainable - Complainant is at liberty file special leave to appeal along with an appeal against judgment of..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Revocation of license - Suit for mandatory injunction is legally maintainable where a license of licensee is revoked - Suit for mandatory injunction is maintainable to prevent breach of an obligattion...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Personal necessity - Maintainability - Merely because ground of personal bonafide requirement of landlord for one shop having distinct portions has been invoked itself would not render eviction petition non-maintainable so long as ground relied upon is proved and established on merits by..........
Hindu Marriage Act, 1955, Section 11, 12 -- Annulment of marriage - Fraud - Suppression of earlier marriage by wife - Petition filed by husband after gap of one year from alleged date of fraud - In view of limitation provided u/s 12(2) of the Act petition is not maintainable - Application rightly dismissed...........
