Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security for repayment of debt - It is a negotiable instrument - Dishonour of cheque - Drawer of cheque incurs liability of prosecution under Section 138 of the Act...........
Consumer Protection Act, 1986, Section 14(1)(d) -- Compensation - Plea that compensation of Rs.2 lakh granted by the Commission beyond the prayers hence without jurisdiction repelled - Complainant paid Rs.61 lakh in 1999 but possession of flat not given till 2004 - Apart from prayers for grant of interest at the rate of 10% and for grant of loss of rent one of the prayer..........
Consumer Protection Act, 1986, Section 14(1)(d) -- Compensation - Plea that compensation of Rs.2 lakh granted by the Commission beyond the prayers hence without jurisdiction repelled - Complainant paid Rs.61 lakh in 1999 but possession of flat not given till 2004 - Apart from prayers for grant of interest at the rate of 10% and for grant of loss of rent one of the prayer..........
Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3 -- Recovery Certificate issued without issuing any show cause notice - No opportunity of hearing afforded - Corporation to serve a show cause notice and grant opportunity of hearing before determining the amount due and payable. Punjab Public Moneys (Recovery of Dues) Act, 1983, Section 3. Editorial Note - See -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order,2000, Section 2(0(c)(i) - Essential Commodities Act, 1955, Section 3 - LPG - Defective cylinder - Authorised mechanic came to check and rectify the defective cylinder -Accident took place in presence of mechanic when the deceased lighted the gas..........
Consumer Protection Act, 1986, Section 14(1)(d) -- Compensation -Interest - Unless and until there is contract between the parties as to the payment of interest or there, are strong equitable grounds, interest is not awardable under the provisions of CP Act - In terms of Section 14 of the Act a consumer is entitled to amount of compensation as to the loss or injury..........
Arbitration and Conciliation Act, 1996, Section 11(6), 11(12) -- Presiding Arbitrator - Appointed by Prescribed Authority in accordance with terms of contract - No occasion arises for filing an application under section 11(6) for appointment of third arbitrator...........
Wakf Act, 1995, Section 83, 85 -- Wakf Property - Jurisdiction of Civil Courts - Suit filed before Wakf Tribunal for eviction of lessee - Objection regarding jurisdiction of Tribunal - Dispute relating to wakf property triable only by the Wakf Tribunal constituted in terms of Section 83...........
Indian Penal Code, 1860, Section 304(Part II), 325, 324(1), 323, 148, 149 -- Sentence - Reduction in sentence - Conviction of accused `T' under Section 304(Part II) and sentenced to RI for 10 years and to pay fine of Rs.5000/- - Occurrence had taken place in the year 1997 - Substantive sentence of imprisonment of accused `T' reduced from 10 years to 5 years for offence..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Mutation of inheritance sanctioned on the basis of Will - Original Will tagged with the case file of revenue authorties - Will not traced - Ingredients of section 65 satisfied - Petitioner allowed to prove the existence, execution and loss of Will by leading secondary evidence...........
