Consumer Protection Act, 1986, Section 2(1),(b),(ii) -- Complainant - Housing - Complaint by Allottees Welfare Association a registered body under the Societies Registration Act, 1860 - Preliminary objection that complainant have themselves registered subsequent to the service rendered by the respondents to the allottees hence not eligible to file complaint repelled - Held..........
Consumer Protection Act, 1986, Section 21(a),(i) -- Pecuniary Jurisdiction - Complaint by 199 allottees of Welfare Association a registered body under the Societies Registration Act, 1860 - Preliminary objection that individual allottee of house should approach the appropriate forum in the light of pecuniary jurisdiction repelled - Held that once the complainants have come..........
Consumer Protection Act, 1986, Section 21(a),(i) -- Housing - Flat - Delay in allotment - Complaint - Deficiency in service - Complex question of facts - Preliminary objection regarding repelled - Held that the Commission has only to go into the question of deficiency of service - Other details relate to ensuring adherence to the terms given in the brochure issued by the..........
Arbitration Act, 1940, Section 30, 14, Limitation Act, 1963, Article 119 -- Objection to award being made rule of Court - Limitation - Starts to run from date of receipt of notice from the Court - Mere filing a caveat by a party did not start period of limitation - Caveat does not absolve Court from its statutory duty to give notice under S.14(2)...........
Haryana Utilisation of Surplus and Other Areas Scheme, 1976 -- Allottee's right to be heard in surplus area proceedings of landowner - Objection that when, determination of surplus area of landowner had taken place at that time allottee had no right in the land - Not tenable - Allottee put in possession of land by holding it as surplus area of landowner - Being in..........
Pronote -- Insufficiently stamped - Admitted in evidence without any objection and also used for the purpose of cross-examination - Held, pronote is admissible in evidence though it is insufficiently stamped...........
Flat allotment -- Self-financing scheme - Defective construction - Complaint alleging various defects in the flooring, wall plastering, woodwork etc. - No cogent evidence on the file to prove the same - Moreover, it did not lie in the mouth of the complainant to say about the defective construction of the flat when he had seen and inspected the construction before hand and..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22 -- In response to notice U.O.21.R.22 CPC if J.D. fails to raise objection, he is debarred from raising objection to executability of decree subsequently and same must be taken to be barred by time...........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Witness - Summoning by Court - Purpose for which witness is summoned must be revealed - Where objection is raised, bona fides of request has to be proved...........
Arbitration and Conciliation Act, 1996, Section 5, 8(3), 16, 34 -- Arbitration agreement - Validity - Objections qua existence and validity of arbitration clause/agreement and jurisdiction of arbitrator can be taken before the Arbitral Tribunal itself and Arbitrator can rule on his own jurisdiction - If he wrongly refused to entertain or decide the objection, the party has..........
