Sick Industrial Companies (Special Provisions) Act, 1985, Section 3(1)(o), 22A -- Sick Industrial Company - Direction not to dispose of asset - U/s.22A of the Act Board for Industrial and Financial Reconstruction (BIFR) does not have competence to issue directions to a company other than Sick Industrial Company...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 20, 28, 31, 2(o) -- Maintenance - Non-payment of arrears of maintenance by husband - Applicability of provision of S.31 of Act - Order of granting maintenance does not amount to "protection order" and violation of the same would not attract the provision of S.31 of Act - Penal action u/s 31 of Act cannot..........
Civil Procedure Code, 1908, Order 9.O -- Restoration of suit dismissed in default - Sufficient cause for no, appearance refers only to date on which absence was made as a ground for dismissal of suit - It cannot stretch to circumstances anterior in time - Since restoration application was filed without any delay, absence of plaintiff on the earlier dates of hearing, if..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(1)(o) -- "Non Performing Asset" - Classification of assets as NPA on the basis of directions or guidelines of RBI does not amount to delegation of essential legislative function - Prescribing norms for classifying a borrower's account as a NPA is not an essential..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(1)(o), Constitution of India, 1950, Article 14 -- Non Performing Asset (NPA) - Contention that by authorizing different Regulations to prescribe different norms for the identification of a NPA with reference to different Creditors amount to unreasonable..........
Karnataka Rent Act, 1999, Section 27(2)(a), 27(2)(c), 27(2)(o), 27(2)(p), 27(2)(r), 31(1)(c) -- Eviction - Bona fide requirement - Appellants/landlords sought eviction on ground of bona fide requirement for own use and occupation - Respondent/tenant denied jural relationship of landlord-tenant - Contention that appellants are not legal heirs of original lessor - High Court..........
Consumer Protection Act, 1986, Section 2(1)(o) -- Plot allotment - Statutory Boards and Development Authorities which are allotting sites with the promise of development, are amenable to the jurisdiction of consumer forum in case of deficiency of services...........
Consumer Protection Act, 1986, Section 2(1)(o) -- Plot allotment - Non providing of requisite facilities - Clearly establish deficiency of service - However, allottee cannot refuse to pay the instalment and thus violating the terms of allotment letter - Order of District Forum whereby it allowed 12% interest per annum on the entire deposited amount after two years from the..........
Consumer Protection Act, 1986, Section 2(1)(b), 2(1)(c), 2(1)(d), 2(1)(o), Electricity Act, 2003, Section 126, 135, 136, 137, 138, 139, 140 -- Unauthorised use of electricity or theft of electricity - Consumer complaint against final order of assessment u/s 126 and against any action taken u/ss 135 to 140 of Electricity Act is not maintainable before the Consumer Forum -..........
Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(a), 2(i),2 (j), 2(o), 3(1), 7 -- Detention order - Validity - Detenu convicted in two cases and accused in six other cases under NDPS Act - Materials placed on record clearly show that he comes under definition of know, goonda u/s.2(o) of KAAPA Act- Pendency of proceedings u/s.107 Cr.P.C. has been specifically..........
