Statute -- Interpretation - Held, it is well established principle of interpretation of law that any sub-Section or proviso added with main section amounts to a rider or exception respectively of the general provision and that general provision has to be construed subject to the clarification of legislature as expressed in sub-Section and proviso...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Plot allotment - Handing over the possession without completion of the development work - The deficiency on the part of the petitioner writ large - No jurisdictional or legal error shown to call for interference in the exercise of power under Section 21(b) of the Act since the two Fora below have given..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), 2(1)(o) -- Education - Coaching institute - Deficiency in service - Fee refund - Consumer - Consumer dispute - Plea that the case do not fall within the ambit of the CP Act, 1986 - Complaints were made on specific grounds of deficiency in service before the District Forum - As per Section 2(d)(ii) of the Act, 1986,..........
Arbitration and Conciliation Act, 1996, Section 7, 11(6) -- Appointment of arbitrator - Arbitration agreement - Arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement and shall be an agreement in writing - An arbitration agreement is in writing if it is contained in any of the clauses i.e. clauses (a) to (c)..........
Consumer Protection Act, 1986, Section 21(b), 24A -- Revision - Limitation - Condonation of delay - Sufficient cause - Delay of 1018 days in filing revision - Ground that the petitioner/complainant had challenged the order of the State Commission by way of a writ petition before the High Court and the writ petition disposed and allowed liberty to the petitioner to approach..........
Consumer Protection Act, 1986, Section 3, 14, Railway Claims Tribunal Act, 1987, Section 13(1)(a)(ii), 15 -- Jurisdiction - Railways - No, delivery of consignment of goods - Case of the complainant would be covered by provisions of Section 13(1)(a)(i) of Act, 1987 as the allegation was no, delivery of goods that it had booked - The matter would be squarely within the..........
Criminal Procedure Code, 1973, Section 167(2)(a), Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Period of custody - Held, u/s 306, IPC offence can be punished for a term of imprisonment which may extend to ten years which shows that imprisonment under this Section can be for a period of less than ten years and such case would not be covered by clear..........
Consumer Protection Act, 1986, Section 13(4), 13(5), Delhi Rent Control Act, 1958, Section 36 -- Power of District Forum and Rent Controller - Except for provision of Section 13(iv) all other powers vested with the District Forum under the Consumer Protection Act and of the Controller under DRCA are common - Both the enactments are special enactments and operate for the..........
Criminal Procedure Code, 1973, Section 25A -- amended by Act 25 of 2005) - Director General of Prosecution - Procedure for appointment - Held, qualification for appointment of Director of Prosecution is 10 years experience and for appointment concurrence of Chief Justice of High Court is required u/s 25A(2) - State Govt. is left with complete discretion to start a..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 36 -- Allocation of land - Delivery of possession - Jurisdiction of civil Court - - Held, from bare perusal of S.36 of the Act it transpires that the Act was enacted for putting displaced persons in possession of land out of common pool and this Section creates a bar over jurisdiction of civil Court qua..........
