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SUPREME COURT OF INDIA

Year of decision: 2008
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 2(c) -- Heroin - Content of narcotic drug - When any narcotic drug or psychotropic substance is found mixed with one or more neutral substance/s, for the purpose of imposition of punishment it is the content of the narcotic drug or psychotropic substance which shall be taken into consideration...........

MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MUMBAI

Year of decision: 2008
Details

Consumer Protection Act, 1986, Section 2(1)(c) -- Complaint - Public Interest Litigation - Held that a consumer organization cannot file Public Interest Litigation against raising of water charges...........

MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MUMBAI

Year of decision: 2008
Details

Consumer Protection Act, 1986, Section 2(1)(g) -- Pricing - Water charges - Enhancement of tax by Municipality - Held that pricing of any nature is the job of the executive - It cannot be challenged in the Consumer Fora alleging that it is deficiency in service on the part of the service provider...........

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2008
Details

Consumer Protection Act, 1986, Section 2(1)(d) , 14(1)(d) -- Consumer - Education - Hostel accommodation - Electrocution - Death of girl student - No allegation against the College authorities in the complaint - The complaint does not state how the complainants seek to establish the relationship of 'consumer' and the College as a 'service provider' once the deceased had..........

CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDIGARH

Year of decision: 2008
Details

Consumer Protection Act, 1986, Section 2(1)(g) , 13(1)(d) -- Housing - Residential plot - Non providing of amenities - Site plan was not got approved as zoning plan had not been approved - Award of compensation of Rs. 20,000 as compensation per year held to be without any basis - Complainant given compensation by way of interest @ 18% p.a. on the amount deposited by..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Court can grant injunction u/s 151 of the Code if matter is not covered by O.39.Rr.1 & 2 CPC...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owner - A co-owner in exclusive possession of a joint property is entitled to injunction...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mandatory injunction - If a person is entitled to a prohibitory injunction, he shall also be entitled to mandatory injunction...........

ALLAHABAD HIGH COURT

Year of decision: 2008
Details

Indian Penal Code, 1860, Section 323, 504, Criminal Procedure Code, 1973, Section 2(d) -- Non cognizable offence - Charge sheet of non cognizable offence to be treated as complaint - Charge sheet u/ss 323, 504 IPC - Order taking cognizance by Magistrate set aide - Magistrate may pass an order u/s 190(1)(a) of Cr.P.C. taking cognizance of the case instead of S.190(1)(b)..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Arbitration Act, 1940, Section 2(c) -- Award - Filing of - Jurisdiction - In a case where Supreme Court has no control over the proceedings, award must be filed before a Court which has the requisite jurisdiction thereover so as to retain the statutory right of the parties to appeal...........

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