Protection of Women From Domestic Violence Act, 2005, Section 28(2) -- Proceedings under the Act - Act in general is of civil kind and reliefs available thereunder are of civil nature, but the forum prescribed to secure reliefs is Criminal Court...........
Evidence Act, 1872, Section 115 -- Estoppel - Doctrine of election - Person cannot be allowed to make a judicial or a quasi judicial forum to act upon a document in order to get a favourable order and thereafter disown the document and continue to deal with property...........
Civil Procedure Code, 1908, Order 22, Rule 3, 3A -- Compromise decree - Setting aside - Compromise recorded in a suit lawfully or unlawfully cannot be assailed by separate suit - Only forum is same Court which passed the decree based on compromise...........
Appeal -- Party having right of consideration of appeal, has no corresponding right to insist for consideration of appeal by a forum that is no longer in existence...........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - If rights of parties have already been adjudicated upon by a particular forum, then entertaining an application u/ss 145, 146 Cr.P.C would not be appropriate - SDM was thus, perfectly justified in discontinuing proceedings u/ss 145, 146 Cr.P.C...........
Rent and Eviction -- Sub letting - Rent Controller dismissed the petition - Appellate Tribunal reversed the decision - High Court in a petition under Article 227 of the Constitution tested the legality of order of Tribunal through the lens of an appellate body and not as a supervisory Court, which is impermissible - Finding of High Court that appellate forum's decision was..........
Consumer Protection Act, 1986, Section 11, Telegraph Act, 1885, Section 7B -- Jurisdiction of Consumer Forum - Dispute between Telecom company and consumer - Existence of an arbitral remedy will not oust jurisdiction of consumer forum - District Forum thus, has jurisdiction to entertain and try consumer complaint regarding dispute between Telecom company and consumer...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Requirement of leading detailed evidence could not be a ground to shut the doors of any forum created under the Act like Consumer Protection Act - The anvil on which entertainability of a complaint by a forum under the Act is to be determined, is whether the questions, though complicated they may be, are..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - National Commission itself had exceeded its revisional jurisdiction by calling for report from Bank and solely relying upon such report had come to conclusion that two fora below had erred in not undertaking requisite in-depth appraisal of case that was required - However, both State Commission as well as consumer..........
Pre-emption -- Right of pre-emption taken away by Bihar Act therefore, right of pre-emption will stand abated on and after 25.2.2019 including proceedings which were pending before any forum - It is thus, open to respondents to withdraw 10% of pre-emption amount deposited by them...........
