Constitution of India, 1950, Article 226, 136, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 14, 17 -- Writ jurisdiction - Recovery of debt by bank - High Court should not pass interim stay order - It should insist the petitioner first to exhaust effective alternative remedy which was available to the petitioner under Section 17 of SARFAESI..........
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A -- Scope - Section 89 CPC has to be read with Order 10 Rule 1-A - After the pleadings are complete and after seeking admission/denials wherever required, and before framing issues, the court will have recourse to section 89 of the Code - Such recourse requires the court to consider and record the nature of the..........
Civil Procedure Code, 1908, Section 89(2)(c)(d) -- It is not necessary for the Court, before referring the parties to an ADR process to formulate or re-formulate the terms of a possible settlement - It is sufficient if the Court merely describes the nature of dispute (in a sentence or two) and makes the reference - There is some error in drafting the provisions of (c) &..........
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A -- Provisions of Section 89 and Order 10 Rule 1-A CPC are not intended to supersede or modify the provisions of the Arbitration and Conciliation Act, 1996 or the Legal Services Authorities Act, 1987...........
Civil Procedure Code, 1908, Section 89, Order 10, Rule 1-A -- Provision of Section 89 CPC gives the jurisdiction to refer the ADR process and Order 10 Rules 1-A to 1-C lay down the manner in which the said jurisdiction is to be exercised - The scheme is that the Court explains the choices available regarding ADR process to the parties, permits them to opt for a process of..........
Civil Procedure Code, 1908, Section 89 -- Failure to invoke Section 89 of the Code suo moto after completion of pleadings and considering it only after an application u/s 89 is filed is erroneous - Civil Court exercising power u/s 89 of the Code cannot refer a suit to arbitration unless all the parties to the suit agree for such reference...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(ii)(b), (c) -- Eviction sought on ground of bonafide requirement of son of landlord - Landlord did not comply with the provisions of Section 13(3)(a)(ii)(b)(c) of the Act as he omitted to disclose the fact that he has not vacated a building or rented land without sufficient cause after the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Contents of FIR and the statements of witnesses recorded under Section 161 of the Code discloses prima facie case against the petitioners - Dispute involves factual question which cannot be decided by this court - Dispute can be decided only after adducing evidence - Held, no ground made for quashing FIR when..........
Indian Medical Council Act, 1956, Section 15(3), Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 304A -- Medical negligence - Accused practicing allopathic system of medicine though possessed licence issued by Bihar State Ayurvedic and Yunani Medicine Council - Death of a person to whom accused gave injections and tablets - Samples of..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), Limitation Act, 1963, Section 14(3) -- Consumer - Booth site - Auction purchase - Booth in question purchased by complainant in open auction on as and where basis - Complainant cannot be heard to say that he was not aware about the terms and conditions of HUDA auction - Such type of grievances cannot be termed as a..........
