Consumer Protection Act, 1986, Section 23 -- Allotment of flat - Delayed delivery of possession - Transfer of interest by original allotee - Transfers were effected within family where members were living together - Complaint by subsequent transferees held, maintainable...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Non-production of charge sheet within 180 days of statutory period - Public prosecutor not filed any application for extension of period of investigation - There could not be any reason for Special Judge in not disposing of application..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Rent petition - Dismissal in default - Restoration - Appeal against order dismissing application U.O.9.R.9 CPC - Such appeal is maintainable as per scheme of CPC, until otherwise specified by Government by way of issuance of an appropriate notification...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 72, 92 -- Return of plaint - Bar of civil Court jurisdiction - Recovery suit filed by society - Filing of suit expressly barred by provision of S.72 of Co-operative Societies Act, as dispute touches Business of a Cooperative Society and has arisen between..........
Civil Procedure Code, 1908, Section 115, Order 37, Rule 4 -- Revision - Maintainability - Order passed U.O.37.R.4 CPC is not appealable - Revision against such an order is maintainable...........
Criminal Procedure Code, 1973, Section 325 -- Reference by Magistrate to CJM - Appeal against - Maintainability - No appeal would be maintainable against opinion or finding of referral Magistrate regarding guilt of accused and it is only after the CJM, in exercise of powers u/s 325 Cr.P.C., sentences accused that an appeal would be maintainable...........
Criminal Procedure Code, 1973, Section 125, 397, 482 -- Revision - Order rejecting or allowing an application for maintenance u/s 125 Cr.P.C is not an interlocutory order which adjudicates rights of parties to some extent - Revision against said order is maintainable u/s 397 Cr.P.C - Application u/s 482 Cr.P.C against such order thus, not maintainable, as powers of High..........
Transfer of Property Act, 1882, Section 106 -- Notice - Lease - No notice determining lessor and lessee relationship between parties given by plaintiff prior to filing of suit - Suit held, not maintainable for want of such notice...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16 -- Appeal - Right of appeal under the Act is limited to senior citizen or parents or guardians only, as they can be treated as aggrieved persons - Appeal filed by son, daughter, daughter-in-law, grandson, grand daughter against whom order is passed by Tribunal is not maintainable...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Bar to file fresh suit - Suit for permanent injunction - Previous suit for injunction dismissed on twin grounds that there is no threat qua interference in his possession or dispossession by forcible and illegal means and suit is bad for want of notice u/s 49 of SRA - S.11 does not debar to file fresh suit on a..........
