Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Medical negligence - Concurrent findings - Adverse inference - Surgery of abdomen - Swelling and pain in abdomen - Second Sonography done and second operation performed - Death of patient - Petitioner did not file Sonography report which was vital document and on the basis of which second operation was..........
Criminal Procedure Code, 1973, Section 173(8), 482, Indian Penal Code, 1860, Section 409 -- Further investigation - Exercise of power by High Court - Held, simply because a person has a grievance that his first information report was not lodged or after registration of first information report, proper investigation was not done or even if investigation was done but accused..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Plot allotment - Handing over the possession without completion of the development work - The deficiency on the part of the petitioner writ large - No jurisdictional or legal error shown to call for interference in the exercise of power under Section 21(b) of the Act since the two Fora below have given..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution of decree - Objections of auction purchasers rejected - Period of 99 years of lease created through lease deed dated 23.11.1911 has expired on 22.11.2010 - Courts below had already held in favour of petitioner that auction purchaser would be having right till 22.10.2010 - Said period has already expired and as..........
Consumer Protection Act, 1986, Section 21(b), 24A -- Revision - Limitation - Condonation of delay - Sufficient cause - Delay of 1018 days in filing revision - Ground that the petitioner/complainant had challenged the order of the State Commission by way of a writ petition before the High Court and the writ petition disposed and allowed liberty to the petitioner to approach..........
Constitution of India, 1950, Article 227 -- Supervisory jurisdiction - Exercise of - Held, supervisory jurisdiction is not available to be exercised for indulging in re-appreciation or evaluation of or correcting the errors for drawing inference like a Court of appeal - Be it a writ of certiorari or the exercise of supervisory jurisdiction, none is available to correct..........
Right to Information Act, 2005, Section 8(1)(h) -- Writ petition - Information sought relates to pending proceedings before Debt Recovery Tribunal - If information relates to pending dispute before a Court or Tribunal, that would not fall u/s 8(1)(h) of the Act - Petition dismissed...........
Constitution of India, 1950, Article 226, Right to Information Act, 2005, Section 8(1)(h) -- Writ petition - Public Information Officer cannot dawn the role of Officer of Public Authority in relation to orders passed by appellate authorities against orders passed by him - If his order is reversed by appellate authority, he cannot be treated as aggrieved party giving rise..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- Revision - Concurrent findings - Housing - Non transfer of property - Frivolous petition - Punitive costs - In grounds challenging the impugned order, petitioner themselves have admitted that there is some delay in providing the civil amenities - Possession already given to the respondents as per sale deed which was..........
Constitution of India, 1950, Article 226 -- Lambardari - Abolition of - Writ petition for - Power of court - Held, it is within domain of legislature, executive/government to retain or otherwise and this court does not have power/jurisdiction to direct State Govt. to amend Act/relevant Rules to abolish age-old very important institution of Lambardar and to further amend..........
