Consumer Protection Act, 1986, Section 23, 2(1)(d) -- Deficiency in service - Sale of shop - Non-delivery of possession of shop - Consumer - Premises in question were booked, as complainants wanted to come down to Delhi to start a business after disposing of property in Denmark - Complainant was not employed any more in Denmark and he was serving Red Cross a charitable..........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children of void and voidable marriages - Civil Court can go into question of nullity or voidability of marriage even in absence of a decree of nullity of marriage or void marriage, when question of legitimacy and benefit conferred u/s 16 of the Act come up for consideration...........
Hindu Marriage Act, 1955, Section 16 -- Benefit of legitimacy - When there is a decree of nullity of marriage or void marriage, civil Court will not have jurisdiction to deal with question of solemnization of marriage or its validity - It is in the absence of such a decree, civil court can go into that question only for the purpose of extending benefit conferred on the..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Question of res judicata may be considered at the stage of deciding application U.O.7.R.11 CPC, if evidence is not required...........
Joint Family Property -- Suit for cancellation of sale deeds - Father of plaintiffs along with his three sons/plaintiffs was alive on date when UP Zamindari Abolition and Land Reforms Act was notified - Joint Hindu family disintegrated after abolition of zamindari and every individual became a tenure holder in his own right - Individual bhumidhar therefore, could have..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Case is at the stage of evidence of plaintiff - Whether agreement in question is a genuine or forged will be decided by Court after evidence of parties - All objections/defence which have been taken by defendants not to be considered at this stage - Only averments made in..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Bail granted as accused agreed/undertaken to pay amount to complainant - Anticipatory bail cancelled as undertaking not complied with - Since the amount in question is paid by accused to complainant as such impugned order set aside - Petitioners shall remain protected from arrest qua FIR...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Recovery suit - Application in question filed at argument stage - Plaintiff had knowledge about objection with regard to territorial jurisdiction of Court in view of written statement filed by defendants after filing of plaint - However, despite filing replication, plaintiff did not seek any withdrawal of suit..........
Criminal Procedure Code, 1973, Section 340, 125 -- Application u/s 340 Cr.P.C in proceedings u/s 125 Cr.P.C - Appointment of amicus curiae - Mere fact that counsel representing wife in proceedings u/s 125 Cr.P.C appointed as amicus curiae for assistance to Court in decision of application u/s 340 Cr.P.C, would not debar Court from seeking inputs from him on question of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plaintiff avoided to appeal before trial Courts on numerous dates of hearing for completion of cross-examination - Repeated opportunities were given by trial Court in this regard but plaintiff failed to avail the same - Evidence of plaintiff was closed by trial Court which was never challenged during trial - Second..........
