Pre-emption -- Right of pre-emption taken away by Bihar Act therefore, right of pre-emption will stand abated on and after 25.2.2019 including proceedings which were pending before any forum - It is thus, open to respondents to withdraw 10% of pre-emption amount deposited by them...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Elaborate reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of relevant reasons cannot result in grant of bail - It would be only a non-speaking order which is an instance of violation of principles of natural justice - In such a case, prosecution or informant has a..........
Succession Act, 1925, Section 388(2), 384, 372 -- Succession certificate - Appeal - Once jurisdiction to take cognizance and to decide a petition for grant of succession certificate is invested by State Government in a Court inferior in grade to District Judge, by virtue of S.388(2) Proviso of the Act, it is District Judge alone who is competent to entertain and decide..........
Consumer Protection Act, 1986, Section 13(2), 22 -- Consumer complaint - Amendment - Complainant cannot be compelled to amend complaint, as party which moves the forum is dominus litis and is entitled to decide whether or not to amend pleadings or to pursue complaint, as it stands...........
Electricity Act, 2003, Section 43(6) -- Representation against decision of Consumer Grievance Redressal Forum - A representation to the Ombudsman against a decision of the forum can be preferred only by a consumer and not a Distribution Licensee...........
Criminal Procedure Code, 1973, Section 323 -- Case and counter case have to be tried by the very same forum - If Magistrate is convinced that a case is a counter case then Magistrate can commit the case to Sessions Court, following the procedural formalities...........
Custody of child -- Writ of Habeas Corpus - Maintainability - Child was abducted by his father - Dispute in between father and mother - Both are natural guardians of child - Proper remedy therefore does not lie before this Court - Matter is of civil nature, which can be determined only by civil Court at appropriate forum - Petition dismissed...........
Consumer Protection Act, 1986, Section 12(1)(c) -- Complaint - Numerous consumers having same interest - Complaint on behalf of one or two consumers having same interest can be filed only with permission of forum of which jurisdiction is invoked...........
Consumer Protection Act, 1986, Section 12(1)(c) -- Consumer complaint - Numerous consumers having same interest - Complainant is neither a voluntary consumer association nor a registered body - Nor permission of appropriate forum has been sought by complainant - Complaint is not maintainable - Since, appellant is an employee engaged by sole proprietorship consultancy,..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Theft of vehicle - Delay of 7 days in lodging FIR and delay of 78 days in intimating to the Insurance Company - District Forum and State Commission passed an award to pay the insured amount but National Commission set aside the order - Delay in lodging FIR need not to be considered, in the instant case, as plea..........
