Advanced Search Results

Manish Kumar Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

Regulation and Development Bill was introduced in the Rajya Sabha in 2013. Noticing the fact that though the Consumer Protection Act, 1986 is available as a Forum in the real estate market for the buyers, the recourse is only curative … following persons shall not be entitled to make an application to initiate corporate insolvency resolution process under this Chapter, namely: - (a) a corporate debtor undergoing a corporate insolvency resolution process; or (b) a corporate debtor having … look to the provisions of Part III. Part III begins with Section 78 and ends with Section 187. The further provisions relate to the regulation

C. Venkatachalam Vs. Ajitkumar C. Shah and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Consumer Protection Act, 1986; Advocates Act, 1961 - Sections 29, 32, 33; Consumer Protection Rules, 1987 - Sections 29, 31, 32 - Rule 2(b); Code of Criminal Procedure (CrPC) - Sections 302, 303, 304; Merchandise Marks Act, 1887; Immigration and Asylum Act - Section 84; Constitution of India - Article 19

petitions were allowed by the Division Bench. The High Court held that the Consumer Fora constituted under the Consumer Protection Act, 1986 have “trappings of a civil court” but “are not civil courts within the meaning of the provisions of … reads as under: “Power of Court to permit appearances in particular cases - Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to … Therefore the Act must be held to fall within entries 77 and 78 of List I. As the power of legislation relating to those entitled

M/s Newtech Promoters And Developers Pvt Ltd. Vs. The State Of Uttar P ...

Court : Supreme Court of India

Subject : Land Acquisition

for enforced accountability towards builders and developers in the absence of an effective mechanism in place. Though, The Consumer Protection Act, 1986 5 was available to cater the demand of home buyers in the real estate sector but the experience … is beneficial not only to the home buyers but to the promoters and real estate agents as well.15. Chapter II of the Act relates to the registration of real estate projects. Section 3 mandates prior registration of … the Act envisages the filing of an appeal before the appellate tribunal 78 against the order of an authority or the adjudicating officer by any

Bhoopesh Vs. New India Assurance Company Ltd.

Court : Kerala

Subject : Motor VehiclesCivil

Acts : Kerala Legal Services Authorities Act, 1987 - Sections 19, 19(1), 19(5), 20, 22A to 22E, 23 and 25; Kerala Motor Vehicles Act, 1988 - Sections 165; Consumer Protection Act - Sections 2(1); Constitution of India - Article 39A; Code of Civil Procedure (CPC) ; Kerala Legal Services Authorities (Amendment) Act, 2002

Reported in : 2009(3)KLJ74

'Insurance Service' is not defined under the Act, The expression 'service' is defined under Section 2(1) of the Consumer Protection Act, 1986, which reads as follows:2(1)(o) 'service' means service of any description which is made available to potential users and … Rs. 10 lakhs in the event of the parties failing to reach a settlement despite the conciliation and Chapter VI-A was introduced by way of an amendment comprising of Sections 22A to 22E Section 22A deals mainly … or both. In Dhulabhal v. State of M.P. : AIR 1969 S.C. 78, the Supreme Court had occasion to consider the question of jurisdiction of

A.P. Pollution Control Board Ii Vs. Prof. M.V. Nayudu (Retd.) and ors.

Court : Supreme Court of India

Subject : EnvironmentConstitution

Acts : Constitution of India; Water Act

Reported in : 2000(3)SCALE354; [2000]Supp5SCR249

of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Cess Act 1977 and the Environment (Protection) Act, 1986, directing that whenever any industry sought consent from the Pollution Control Boards, the said Boards, 'while processing the … to be stored atleast for 30 days. It observed that according to Chapter 8.0 of NFPA, Hazard classification, the raw materials used by the industry … disputes over the formulation of policy as well as more traditional adjudication; 78. Before parting, with the case, we acknowledge the excellent Reports submitted to … (from CME). Monthly turn out of effluents will be 400 MT. Every day 55 kgs. of nickel is consumed. Every day, 27,830 litres of water are to be used and normally the effluent will carry all these

Arjan Singh and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

Subject : Land Acquisition

[2002] 3 SCR 1167, the Supreme Court negatived the argument raised that the State Commission constituted under the Consumer Protection Act, 1986 has no power to accept a reply filed beyond a total period of 45 days. It was held … reasonable hours. (2) The Trust shall-- (a) notwithstanding anything contained in section 78 cause the said notice to be published weekly for three consecutive weeks … by publication of a notification under Section 36 of the Act without finalizing the scheme as contemplated under Chapter-IV of the Act and also that the notification under Section 42 of the Act was published without issuing

Forum For Peoples Collective Efforts (fpce) Vs. The State Of West Beng ...

Court : Supreme Court of India

Subject : Land Acquisition

largely unregulated. There is, thus, absence of professionalism and standardization and lack of adequate consumer protection. Though the Consumer Protection Act 1986 is available as a forum to the buyers in the real estate market, the recourse is only curative … type of use ancillary to the purpose specified;” (iii) The provisions of the RERA are comprised in ten Chapters. Broadly, the division is as follows: Chapter I Preliminary Chapter II Registration of Real Estate Projects and Registration … by 1 Sections 2, 20 to 39, 41 to 58, 71 to 78 and 81 to 92. 2 Sections 3 to 19, 40, 59 to

Thiru. R. Gandhi President, Madras Bar Association Vs. Union of India ...

Court : Chennai

Subject : Company

Acts : Constitution of India - Articles 14, 19(1), 50, 226 and 323; Companies Act 1956 - 10FB, 10FD(2), 10FD (3), 10FD(3), 10FE, 10FF, 10FK(2), 10FO, 10FR(3), 10FX, 79(1), 79(3), 117B, 118(3), 144(4), 163(6), 167, 188(5), 196(4), 219 (4), 225(3), 284(4), 304 (2)(b), 307 (9) and 621A; Companies (Amendment) Act, 2002

Reported in : [2004]120CompCas510(Mad); (2004)2CompLJ274(Mad); 2004(2)CTC561; [2004]52SCL79(Mad)

be set up as has been done in the case of Consumer Disputes Redressal Forums constituted under the Consumer Protection Act, 1986 and the Lok Adalats under the amended Legal Services Authority Act.29. With regard to Courts, the Constitution specifically … the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).10G. Power to punish for contempt.-The Appellate Tribunal … fees taken therein; persons entitled to practice before the Supreme Court.' Item 78 of List I of the Seventh Schedule: 'Constitution and organization (including vacations)

Vishwabharathi House Building Co-operative Society Limited, Bangalore ...

Court : Karnataka

Subject : Constitution

Acts : Constitution of India - Articles 14, 19, 32, 226, 227, 246, 248, 323-A, 323-B and 368; Consumer Protection Act, 1986 - Sections 9, 13 and 25; Code of Civil Procedure (CPC), 1908 - Orders 2(2) and 21

Reported in : [2000]101CompCas38(Kar); 1999(2)KarLJ38

ignited the process of this Court in the name of public interest litigation praying for quashing of the Consumer Protection Act, 1986 (Central Act No. 68 of 1986) (hereinafter called as 'Act'). The Act has been termed to be unconstitutional … the Seventh Schedule. If the enactment of the Act is not referable to any of the Articles in Chapter I, Part XI read with Seventh Schedule of Constitution, it would not be safe to hold that such … with them and District Forums disposed of 8,99,102 cases which amounts to 78% of the cases filed before it. The apprehensions expressed by the petitioner

Ashok Gangadhar Maratha Vs. Oriental Insurance Co. Ltd.

Court : Supreme Court of India

Subject : Motor VehiclesInsurance

Acts : Consumer Protection Act, 1986 - Sections 2, 14 and 66; Motor Vehicles Act, 1988 - Sections 3, 75(2), 77, 78 and 79; Central Motor Vehicle Rules, 1989 - Rules 3 and 16

Reported in : II(1999)ACC463; 2000ACJ319; AIR1999SC3181; (1999)4CompLJ125(SC); JT1999(6)SC423; (2000)1MLJ105(SC); (1999)123PLR523; 1999(5)SCALE346; (1999)6SCC620; [1999]Supp2SCR202; 1999

(for short, the 'State Commission'). Both the National Commission and the State Commission have been constituted under the Consumer Protection Act, 1986. By judgment dated December 30, 1993 the State Commission had allowed the complaint of the appellant and had … 2 of the Act as under:driving licence' (Clause 10) means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a … permit to use a motor vehicle for the carriage of goods. Section 78 prescribes relevant considerations for processing such an application. Section 79 provides for