Civil Procedure Code, 1908, Section 11 -- Essential ingredients for the applicability of S.11 CPC are : (i) The matter must be directly and substantially in issue in the former suit and in the later suit; (ii) The prior suit should be between the same parties or persons claiming under them; (iii) Parties should have litigated under the same title in the earlier suit; (iv)..........
Consumer Protection Act, 1986, Section 12, 2(d)(ii) -- Chandigarh administration allotted land to co-operative societies for constructing flats to be allotted to the members - No direct contact between Chandigarh administration and members of the societies - Whether members are covered by the definition of `consumer' under Section 2(d)(ii) of the Act - Held, yes - Members..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- - New building - Previous construction (hall) - In dilapidated condition and not used for any purpose - New construction raised after getting the site plan sanctioned - Two walls kept intact and rest of the construction raised was new - Floor level was raised - Chajja on the first floor demolished -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Motor Vehicles Act, 1988, Section 3(1) - Insurance claim - Repudiation - Driving licence not valid - Vehicle in question continued to be registered as a transport vehicle i.e., a Taxi for which a specific authorized license was statutory necessity - Occasionally using it for personal purpose cannot change these..........
Criminal Procedure Code, 1973, Section 209 -- Commitment of case - Magistrate enquiring into a case under Section 209 of the Code is not to act as a mere Post Office - Court has to see whether there is sufficient evidence for commitment - If there is no prima facie evidence or the evidence is totally unworthy of credit, it is the duty of the Magistrate to discharge the..........
Right to Information Act, 2005, Section 7, 9 -- Time limit for information - Petitioner sought information from Haryana Education Department in connection with certain matter u/s 7 of the Act - Information sought not provided by State Public Information Officer - Appellate Authority also failed to provide any such information in appeal under Section 19 of the Act - No time..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Contract Act, 1872, Section 65 - Housing - Damages - Refund of amount - Interest - Non development and non construction of plot - Parties were aware of the fact that plot in question cannot be developed in view of the reservation - In spite of that, parties entered into an agreement - Both the parties were aware of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 1985 grams of heroine from the handbag which accused was carrying - Trial court acquitted accused on the ground that there was non compliance of Section 55 of the Act - Held, Trial Court's view that seizing officer testified only when tested on the anvil of cross examination that the property..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 17 -- Maharashtra Ownership Flat Act, 1963, Section 4 - Housing - Sale of flat - Withholding of possession - Non execution of agreement - Allotment letter, a binding contract - Allotment letter coupled with receipts themselves establish contractual relationship between the complainant and OPs - Allotment letter..........
Land Acquisition Act, 1894, Section 23(1A), Civil Procedure Code, 1908, Order 41, Rule 33 -- Acquisition of land - Compensation - On reference, award enhanced - State challenged the award of Reference Court - The landowner, instead of filing appeal or cross-objection, filed application under Order 41 Rule 33 of Code claiming additional compensation - Held, landowners who..........
