Consumer Protection Act, 1986, Section 2(1)(d)(ii), 2(1)(o) -- Consumer - Service - AIIMS - Plea that AIIMS does not charge any fee/service charge for providing its services and facilities and whatever charges is only towards the actual cost of the consumables etc. hence it is not a `service provider' within the meaning of Section 2(1)(o) of the Act and the complainant is..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Land owner relied on sale deed registered quite close to notification under Section 4 of the Act - Held, sale deed cannot be relied upon as it was registered by one of the persons, whose land was to be acquired merely 13 days thereafter - Effort was to create evidence as the vendor was interested party - Both,..........
Haryana Municipal Act, 1973, Section 246, Cantonment Act, 1924, Section 186 -- Building Bye Laws - Respondent submitted application for sanction of house plan - Plan neither sanctioned nor rejected within 60 days and thus presumed to have been sanctioned - Resolution passed by defendant No.2 for sanction of site plan for raising construction - Resolution suspended by..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7 -- B - Additional remedy - Arbitration clause - Bar of jurisdiction - Mobile phone dispute - Held that only the disputes pertaining to the telephone line i.e. landline, apparatus and appliances would be covered and the wireless service like the services being rendered by the cell phone companies will..........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Comparable sales methods of valuation is preferred because it furnishes the evidence for determination of the market value of the acquired land which a willing purchaser would pay for the acquired land if it has been sold in open market at the time of issue of notification under Section 4 of..........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Comparable sales methods of valuation is preferred because it furnishes the evidence for determination of the market value of the acquired land which a willing purchaser would pay for the acquired land if it has been sold in open market at the time of issue of notification under Section 4 of..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Continuing cause of action - Housing construction - Complaint with regard to leakage of water from the lintel - As per averments of respondent - complainant cause of action arose in March, 2005 and thereafter in September, 2006 when the appellant sent his mason to repair the leakage - After this no written..........
Indian Penal Code, 1860, Section 300 -- Murder - Prosecution allegation that accused and his father followed the deceased who had gone to the pond for the purpose of digging earth - After picking up quarrel with him, accused committed his murder - No evidence of sudden fight - Attack was pre mediated and not in heat of passion - Held, this cannot be said to be sudden..........
Consumer Protection Act, 1986, Section 2(r)(i)to(x) -- Unfair trade practice - Jurisdiction - Consumer Fora - Striking down of the Act or Rules or Clauses of lawful agreement - Housing - Booking of house - Forfeiture clause - On cancellation of booking - Striking down of forfeiture clause by the State Commission - Not the case of the respondent that the petitioner had..........
Prevention of Corruption Act, 1988, Section 20 -- Presumptive value - Case of bribe by police head constable - Initial burden to prove the factum of demand of bribe and its acceptance by the accused lies on the prosecution - Unless and until this burden is discharged the statutory presumption of accepting the illegal gratification as envisaged under Section 20 under the..........
