Arbitration and Conciliation Act, 1996, Section 7, 11 -- Arbitration agreement - Fax agreement signed by parties - Held, faxed agreements are acceptable under Section 7 of the Act...........
Arbitration and Conciliation Act, 1996, Section 7, 11 -- Arbitration agreement - Charter party agreement - Fax copy of same signed by both the parties - Plea that it is not an arbitration agreement as it is (1) a copy, not the original; (2) is stamped by one, not by both parties; (3) one of the parties did not sign every page; and (4) it was first sent vide fax -..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Condonation of delay - Cause of action as per own showing of complainant had arisen on 13.8.1994 - Complaint filed in July, 1997 after delay of more than 11 months - No application for condonation of delay filed - The complaint qua second OP barred by limitation as per provision of Section 24A of the Act hence not..........
Income Tax Act, 1961, Section 17(2)(ii) -- Explanation 1 - Explanation 1 added to S.17(2)(ii) of the Act by S.11 of Finance Act, 2007 with effect from 1.4.2002 - Plea that explanation is discriminatory and violative of Art.14 of Constitution - Act of legislature having given deemed meaning to the word 'concession', cannot be said to be invalid - The provision of the..........
Hindu Marriage Act, 1955, Section 5, 7 -- Marriage - Hindu marriage has both religious as well as secular aspects - It is a sacrament because there is emphasis on the performance of the customary rites and ceremonies including Sapatapadi wherever it is treated as an essential ceremony for the completion of marriage - It is a contract because this Section deals with the..........
Indian Penal Code, 1860, Section 420, 467, 471, Criminal Procedure Code, 1973, Section 320, 482 -- Offence of cheating is compoundable but not the offence of forgery, but High Court in exercise of its inherent powers can quash criminal proceedings as Section 320 Cr.P.C. does not limit or affect the power of High Court u/s 482 Cr.P.C...........
Consumer Protection Act, 1986, Section 22(2) , 26(2), Civil Procedure Code, 1908, Section 151 -- Recall of order - Inherent powers - Application for recall of orders u/s 151 C.P.C. - Held that the provisions of Section 151 CPC are not applicable under CP Act - Misc. application under Section 151 CPC held not maintainable and dismissed...........
Consumer Protection Act, 1986, Section 24A, Carriage by Air Act, 1972 -- Limitation - Air carriage - Goods were sent in 1994 delivered without collecting original documents - The cause of action would deem to have arisen within a reasonable period in 1994 - The period of 2 years expired in middle of 1996 - Held that CP Act is a self contained Act - The provision of..........
Consumer Protection Act, 1986, Section 3 -- Sick Industrial Companies (Special Provisions) Act, 1985,(SICA), Section 22(1) - Fixed deposits - Non payment of maturity value - Sick company - Complaint maintainability - Additional remedy - Held that there is no bar imposed by SICA on hearing of a complaint filed the provisions of CP Act - But the Scheme as framed by BIFR..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 1910, Section 26(6) -- Electricity supply - Electricity theft - Meter was never referred to Electricity Inspector which is legal requirement in case of any dispute about the meter - Having failed to comply with the provisions of Section 26(6) of the 1910 Act allegation remain unsubstantiated/unproved by any..........
