Consumer Protection Act, 1986, Section 2(1),(g), Indian Electricity Act, 1910, Section 26(6) -- Electricity bill - For 44 months - Plea of the complainant that as per provision of Section 26(6) of the 1910 Act respondents could raise bill for six months repelled - Section 26(6) speaks about defective meter hence it will not be applicable - It was due to non payment of..........
Consumer Protection Act, 1986, Section 3, Railway Act, 1989, Section 13,15,124 -- Railway Claims Tribunal Act, Sections 13 and 15 - Jurisdiction - Compensation - Accident occurred as the piece of rail collided with a running train in which the complainant was travelling and he received injury on his leg - Held that the accident would be covered under Section 124 of the..........
Navy Act, 1957, Section 77(2),78(1), Prevention of Corruption Act, 1988, Section 25,19 -- Sanction for prosecution - Charge against the petitioner, who is subject to the Navy Act, is of commission of an offence punishable under Section 13(2) of the Prevention of Corruption Act - Plea that he cannot be prosecuted unless there is a valid sanction for prosecution repelled -..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1986, Sections 84 and 56 - Insurance claim - There was no fitness certificate at all relating to the vehicle as required by Section 84 of the Act of 1988 - Accident had occurred while the vehicle was put to use in contravention of the provisions of the Motor Vehicles Act and in breach of conditions of..........
Criminal Procedure Code, 1973, Section 2(g) -- Inquiry - Trial - Inquiry is defined by section 2 (g) as 'every inquiry, other than a trial' - Trial not defined - Trial is clearly distinguishable from inquiry - Trial is distinct from inquiry and inquiry must always be a forerunner to the trial...........
Criminal Procedure Code, 1973, Section 193 -- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 (1) (iii), 3 (1) (v) and 3 (1) (x) - Jurisdiction of Special Court - Power of special court to take direct cognizance of offence under 1989 Act - Court of sessions designated as special court - Special court remains court of sessions - Special..........
Karnataka Rent Control Act, 1961, Section 50, Civil Procedure Code, 1908, Section 151 -- Revision - Finding of fact - High Court in exercise of revisional jurisdiction has power to reappreciate the evidence and interfere with the same - Revisional power of High Court is wider than power conferred under Section 115 CPC...........
Consumer Protection Act, 1986, Section 27 -- Penalties - Bailable warrants - Issuance of by the District Forum - Jurisdiction- In exercise of its power under Section 27 of the Act District Forum issued order of bailable warrants against the Managing Director/ Directors of the Company for securing their presence - Powers of Judicial Magistrate first class have been..........
Consumer Protection Act, 1986, Section 27(2), Criminal Procedure Code, 1973, Section 11 -- Non obstante clause - Powers of Judicial Magistrate - Conferring on District Forum - Held that the non obstante clause appearing in Section 27(2) conveys that this particular provision would have an overriding effect over Section 11 of the Cr.P.C. - The powers of the Judicial..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Commercial purpose - Service - Deficiency in service even though for a commercial purpose would be subject of the complaint under Section 2(1) (d) (ii) of the Act prior to the Amendment Act,2002 - Bar of the commercial purpose was applicable only to goods purchased by a consumer...........
