Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Criminal - Dishonour of cheque - Compensation - There arises no question of ordering compensation in terms of Section 357(3) of the Code to the Government or State in a case under Section 138 of the Negotiable Instruments Act...........
Consumer Protection Act, 1986, Section 2(1),(o),(d) -- Consumer - Housing construction - Complaint by flat purchasers that house builder not executing Deed of conveyance - Admitted by the builder that there is agreement executed between him and the complainants-flat purchasers and the rights of the parties governed by the provisions of Maharashtra Flat Ownership Act, 1963..........
Constitution of India, 1950, Article 226 -- Alternative remedy of appeal against impugned orders competent - Point with regard to availability of alternative remedy raised for the first time during the course of arguments and that too orally - Writ petition dismissed as withdrawn with liberty to file appeal against impugned orders - Haryana Municipal Act, Section..........
Motor Vehicles Act, 1939, Section 92A,110 -- Motor Vehicles Act, 1988, Section 166(3) - Compensation claim - Limitation - Accident took place on 20.7.1983 - Claim filed before MACT on 11.10.1984 - Findings of the Tribunal that the claim petition filed beyond period of limitation held not maintainable - Appeal filed in 1985 taken up in 2003 after coming into force of 1988..........
Consumer Protection Act, 1986, Section 3,2(1),(d),(ii),14, Railways Claims Tribunal Act, 1987, Section 13,15, Railways Act, 1989, Section 123,124,124A,125 -- Bar of jurisdiction - Railway service - Accidental death - Deceased waiting for train at platform while drinking water at hydrant foundation wall of hydrant fell on him causing his death due to grievous head injury -..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7B -- Telephone bill - Deficiency in service - The provisions of Section 7(B) of the Telegraph Act do not in any way bar a subscriber from filing a complaint under the Act on account of deficiency in service on the part of appellant/OP...........
Consumer Protection Act, 1986, Section 15 -- Limitation - Condonation of delay - Sufficient cause - Mere interdepartmental consultation leading to delay in filing the appeal does not constitute `sufficient cause' for the condonation of delay in terms of the provision of Section 15 of the Act...........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 47 -- Order 21 ,R. 97 and 101 - Civil - Alternative remedy - Writ jurisdiction - In execution of decree for possession trial court ordering removal of obstruction - Judgment debtor disputed right, title and interest of decree holder in suit property - The application held to be under Order 21..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Compensation - Prayer for enhancement - Electricity bill - Issuance of wrong and inflated bill by respondent/DVB - While allowing complaint direction given to OP to issue revised bills and award of compensation of Rs.1,000/- by the District Forum - Appellant failed to make out case as to how the relief granted by..........
Punjab Land Revenue Act, 1887, Section 31, Evidence Act, 1872, Section 35 -- Punjab Land Record Manual, Para 3.79 - Roznamcha Patwari, entry in - Made by official concerned in the course of performance of his official duties - Admissible under Section 35 Evidence Act - - Cannot be said that entry made in Roznamcha of Patwari not genuine - Evidence Act, Section 35...........
