Consumer Protection Act, 1986, Section 3 -- Arbitration proceedings - Additional remedy - Deficiency in service - Housing- Flat allotment -Arbitration proceedings initiated by OP with regard to maintenance charges oniy - Complaint filed for refund of the entire amount paid by compiainant with interest, compensation and cost - Cause of action in both the proceedings..........
Criminal Procedure Code, 1973, Section 341, 195(4) -- Order passed u/s 340 Cr.P.C. by Additional District Judge sitting in Matrimonial proceedings under Hindu Marriage Act - Appeal against such order lies to Court to which such civil Court is subordinate - Appeal lies to High Court...........
Criminal Procedure Code, 1973, Section 154, 162 -- FIR - Second FIR - Order of CJM on an application directing investigation u/S.156(3) Cr.P.C. quashed by Additional Sessions Judge - No investigation had even been commenced - Subsequent lodging of FIR on the basis of direction of the Additional Commissioner - No question of any bar u/S.162 Cr.P.C. applying to the..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Electricity Act, 1910, Section 26 - Electricity bill - Electricity theft - Additional bill - There was no meter in the Rice mill of the respondent-complainant - He was utilising the electrical energy drawing the line directly from the pole - There being no dispute regarding the defect in the meter the dispute could not be..........
Civil Procedure Code, 1908, Section 26(2), Order 6, Rule 15(4) -- Plaint - Affidavit in support of the pleadings - It fixes additional responsibility on the deponent as to the truth of the facts stated in the pleadings - An affidavit accompanying pleading shall not be evidence for the purpose of the trial...........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Deletion of O.18.R.17-A does not disentitle production of evidence at a later stage - On a party satisfying the Court that after exercise of due diligence that evidence was not within his knowledge or could not be produced at the time the party was leading evidence, Court may permit leading of such..........
Criminal Procedure Code, 1973, Section 193, 319 -- Summoning additional accused - Challan not filed against the petitioner - At the framing of charges against other co-accused on application of complainant cognizance taken against petitioner also and issued summons to them - Held that since trial has not begun the trial Court has jurisdiction to issue summons under Section..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Material contradictions in the statements of witnesses and other various infirmities in the prosecution case - Order of trial Court summoning petitioners as additional accused set aside...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Court must have reasonable satisfaction from the evidence already collected that the additional accused to be summoned has committed an offence and that for such offence he could be tried alongwith the already arraigned accused...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - If Court is hopeful of his conviction only then additional accused has to be summoned...........
