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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Specified landlord - Bona-fide requirement - Specified landlord filed composite petition under Section 13 and 13A seeking eviction of tenant on ground of bona-fide requirement - Rent Controller adopted procedure of trial as envisaged under..........
Criminal Procedure Code, 1973, Section 432, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A -- Remission - Conviction under NDPS Act - Accused sentenced to 10 years RI - Accused seeking pre-mature release on the basis of order of remission passed by Governor of state under Section 432 of CrPC - Under Section 32-A of NDPS Act, no sentence can be suspended,..........
