Consumer Protection Act, 1986, Section 14(1)(d) -Plot allotment - Alternative plot - Compensation - Alternative plot ordered to be allotted
on 15.1.2008 to the respondent on the old prices prevalent to the old allotte
on 24.9.2001 - The compensation of Rs. 2000/- as well as cost of Rs. 2000/-
awarded by the District Forum set aside...........
Agreement to sell -- Suit for specific performance - Agreement to sell on behalf of self and on behalf of other joint owners - Other co-sharers not consented for the intended sale - Agreement to sell does not bind other co-sharers - Plaintiff can seek specific performance of the agreement in respect of the proportionate share in the property if the agreement is admitted -..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 204, 482, 397(1), 401(1) -- Alternative remedy - Order summoning accused - Challenge thereto - Maintainability of writ petition - Held, petitioners have got an efficacious speedy statutory remedy u/s 482 Cr.P.C. or even challenging summoning order u/s 397 (1) r/w S.401(1) Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 202(1) -- Powers of Magistrate - Exercise of - Held, language of S.202 (1) Cr.P.C. is couched in such a form that there is nothing to indicate that once Magistrate has conducted an enquiry into the case himself, he cannot thereafter follow next alternative i.e. direct an investigation or vice versa...........
Easements Act, 1882, Section 52 -- Divorce between parties - Right of wife to live in matrimonial house - Wife has no right to live in the house of husband after dissolution of marriage and she has to quit the house - Relationship of parties after divorce is that of licensor and licensee - Ejectment suit filed by husband not liable to be dismissed for reason of not having..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 8 -- Contraband - Charge framed u/s 15 - Alternative charge u/s 8 not framed - No prejudice whatsoever is caused to accused - Prosecution case does not become doubtful on ground of failure to frame alternative charge...........
Indian Penal Code, 1860, Section 376, 366, 365, 506 -- Rape - Petitioner seeking direction from High Court for registration of case against accused u/ss 376, 366, 365 & 506 IPC and for entrusting the same for investigation by CBI - Not a fit case for such direction when alternative remedy is available with the petitioner...........
Criminal Procedure Code, 1973, Section 482, 156, 200 -- Direction sought for registration of case against accused - Held, when alternative remedy u/s 156 or 200 Cr.P.C. is available then writ petition or petition u/s 482 Cr.P.C. cannot be entertained...........
Consumer Protection Act, 1986, Section 3, Electricity Act, 2003, Section 126 , 127(2) -- Electricity consumer - Additional remedy - Alternative remedy - Assessment order u/s 126 of the Electricity Act - A consumer has option either to file appeal u/s 127 of the Act or to approach the Consumer fora by filing complaint - Before entertaining complaint consumer fora to direct..........
Punjab Agricultural Produce Markets Act, 1961, Section 18 -- Auction of plots - Schedule for 8th July 2004 - APMC not disclosed the reserve price - Another auction of the same plots on 20th December 2004 - Held, that u/s 18 of the Act APMC could reject the offer without assigning any reason - APMC got much higher offers in the second auction - Amounts deposited by..........
