Civil Procedure Code, 1908, Section 114, Consumer Protection Act, 1986, Section 17, Constitution of India, 1950, Article 226 -- Review of order passed by the State Commission - Competency of - Failure on part of Builder to handover flat or refund amount with compensation - On so called application filed by complainants `for being mentioned State Commissioner completely..........
Civil Procedure Code, 1908, Section 114, Consumer Protection Act, 1986, Section 13(4) -- Consumer Dispute Redressal Forum - Proceedings before District Forum or State Commissioner - Applicability of - Provision of Civil Procedure Code not applicable to such proceedings except to extent indicated in S.13(4) of Act - Petition seeking review of order - In absence of specific..........
Industrial Disputes Act, 1947, Section 25F, Evidence Act, 1872, Section 114(f) -- Adverse inference - Retrenchment - Non-production of best evidence - Presumption as to adverse inference is optional - Notwithstanding the intentional non-production, other circumstances may exist upon which such intentional non-production may be found to be justified on some reasonable..........
Evidence Act, 1872, Section 114(f) -- Adverse inference - A party in order to get benefit of the provisions contained in Section 114(f) of the Evidence Act must place some evidence in support of his case...........
Industrial Disputes Act, 1947, Section 25F, Evidence Act, 1872, Section 114(f) -- Retrenchment - Non-production of evidence - Adverse inference - Benefit of Section 114(f) of the Evidence Act sought by workman but failed to place some evidence in support of his case - High Court held to have committed a manifest error in setting aside the award of the Tribunal only on the..........
Civil Procedure Code, 1908, Section 114 -- Review petition seeking review of order of enhancement of compensation - Application for condonation of delay in filing same - Petition Corporation on whose requisition land was acquired, sought review of order enhancing land acquisition award - Being fully aware of appeal preferred by State and also by claimant, petitioner did..........
Evidence Act, 1872, Section 114 -- Question as to payment made by plaintiff - Defendant did not examine himself to controvert the oral evidence of plaintiff in this respect - Court can draw adverse inference against the defendant...........
Evidence Act, 1872, Section 114(e) -- Presumption as to official acts - Section 114(e) of the Act raises a presumption that all official acts must have been performed regularly and that the common course of business has been followed in particular case...........
Evidence Act, 1872, Section 114 -- Prevention of Corruption Act, 1988, S.20 - Presumption - Scope and Ambit - Presumption is not the final conclusion - But could be final if it remains undisturbed - Presumption in law of evidence is a rule indicating the stage of shifting the burden of proof - However, as a caution of prudence it may be unsafe to use that presumption to..........
Civil Procedure Code, 1908, Section 114 -- Review - Recall of revisional order of High Court - Permissibility - Ground that Judge hearing revisio, petition was counsel for opposite party in earlier litigation between same parties regarding same property - Long period of more than eight years had elapsed from date of earlier litigation - Judge not expected to have..........
