Consumer Protection Act, 1986, Section 23 -- Housing scheme - Allotment of plot - Delay in delivery of possession - If there is deficiency or delay in service, consumer is entitled to be compensated for the same - Mere fact that consumer in order to secure a property in scheme took loan with interest, no liability can be saddled on authority responsible for housing scheme..........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Bank's slip is a prima facie evidence to presume dishonour of cheque as per S.146 of the Act - However, in order to apply S.146 of the Act, bank's slip should have to mention the number and date of cheque and also cheque amount with respect to cheque dishonoured to enter into a finding that cheque..........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Intimation memo and dishonour memo do not contain number of cheque - Therefore, trial Court ought to have granted an opportunity to complainant to examine Bank Manger with relevant document to prove this aspect - Order of acquittal set aside - Matter remitted for fresh disposal after providing an..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Temporary injunction during pendency of appeal filed against order of rejection of plaint - When plaint is rejected, it cannot be said that appeal filed against such an order is continuation of suit - Plaint once rejected, until it is revised/restored, an order of temporary..........
Railways -- Demand for penal freight for excess weightage detected in a consignment - Show cause notice - On raising such a demand when excess weightage has been detected at the time of off-loading, it would be practically difficult, if not impossible, for Railways to issue a show-cause notice to consignor or consignee and to hold a mini-trial to determine the question of..........
Service -- Banking service - Disciplinary proceedings - Quashing of charge sheet - Charge sheet was served on appellant without seeking advice of Central Vigilance Commission (CVC) - Bank itself accepted the necessity of seeking first stage advice from CVC - It was thus, not open for Bank to serve charge sheet without receiving and considering first stage advice by CVC -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties - Suit for specific performance - Respondents are not necessary party to suit as effective decree can be passed in their absence - Moreover, respondents have already filed a separate suit for enforcement of their claim against third party - Therefore, they are neither necessary nor proper party to..........
Foreigners Act, 1946, Section 3 -- Foreigner - Inclusion of name of appellant in draft NRC would have no bearing on order passed by Tribunal as affirmed by High Court...........
Concealment of material facts -- Order obtained by concealing material fact - Impugned order passed is erroneous, hence, set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Husband is a government teacher drawing a handsome monthly salary of Rs.65,100 - Being husband and father, it is legal obligation to maintain his legally wedded wife and minor daughter - Maintenance as awarded by appellate Court cannot be said to be on lower side - Wife and minor..........
