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B.S.N.L. Vs. Telecom Regulatory Auth.of India and ors.
Supreme Court of India
Dec-06-2013
Service Tax
or a Consumer Disputes Redressal Commission or the National Consumer Redressal Commission established under section 9 of the Consumer Protection Act, 1986; (c) dispute between telegraph authority and any other person referred to in sub-section (1) of section 7B of … the order, such of its powers and functions under this Act (except the power to settle dispute under Chapter IV and to make regulation under section36) as it may deem necessary. 35.Power to make rules.- (1) The … judgment is clearly attracted in the present case. He submitted that Section 79 of the Electricity Act, 2003 (for short, ‘the 2003 Act’) does not
Tag this Judgment! AI Brief & AskManish Kumar Vs. Union Of India
Supreme Court of India
Jan-19-2021
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 … Committee Creditors of Essar Steel (supra), this Court struck down the word 79 ‘mandatorily’ as being manifestly arbitrary and in violation of Article 19 (1)(g)
Tag this Judgment! AI Brief & AskM/s Newtech Promoters And Developers Pvt Ltd. Vs. The State Of Uttar P ...
Supreme Court of India
Nov-11-2021
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 … withdraw from the Project or claim return on his investment.” (emphasis supplied) 79. To safeguard the interests of the parties, on being decided by the
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M/s Imperia Structures Ltd. Vs. Anil Patni And Anr. Etc.
Supreme Court of India
Nov-02-2020
Land Acquisition
NO.3591 OF2020(@ CIVIL APPEAL DIARY NO.9793/2019) JUDGMENT Uday Umesh Lalit, J.1. These appeals under Section 23 of the Consumer Protection Act, 1986 (hereinafter referred to as “the CP Act”) are directed against the common judgement and order dated 12.09.2018 passed … and “Promoter” respectively. Sections 3, 4, 5, 18, 19, 22, 46, 71, 79, 88 and 89 of the RERA Act are as under:- “3. Prior … any action taken or purported to have been done or taken under Most of the provisions in Chapters I, II, IV, V, VI, VII and VIII including Sections 100 and 107 were brought into force
Tag this Judgment! AI Brief & AskBritannia Industries Limited, Being a Company Registered Under the Pro ...
Mumbai
Jul-03-2009
CommercialConsumer
Indian Companies Act, 1913; Standards of Weights and Measures Act, 1976 - Secrtions 2, 6, 21, 29, 39 and 39(1); Standards of Weights and Measures (Packaged Commodities) Rule, 1977 - Rules 2, 4 and 5, 23(1) and 29; Customs Act, 1962 - Sections 25(1) and 159; Consumer Protection Act, 1986; Motor Vehicles Act; Monopolies and Restrictive Trade Practices Act; Food Adulteration Act; Constitution of India - Articles 14, 19 and 19(1)
2009(5)BomCR76; 2009(111)BomLR3245
be made in terms of Rule-6 of the Act on pre-packed commodity has observed in Para-4 as under:The Consumer Protection Act, 1986 has been enacted to provides for better protection of the interests of the consumers by making provisions for … then there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a … learned counsel for the Petitioner laid much emphasis on Paragraphs 75 and 79 and, therefore, they are reproduced herein under :75. A piece of subordinate
Tag this Judgment! AI Brief & AskAccountant General, M.P. Vs. S.K.Dubey and anr.
Supreme Court of India
Feb-29-2012
Consumer
Consumer Protection Act, 1986 - Sections 9(1), 30(2), 16(2), 31; First Schedule of the High Court Judges (Salaries and Conditions of Service) Act, 1954 - Articles 112(3)(d)(iii), 217(1), 221 and 224A; Madhya Pradesh Consumer Protection Rules, 1987; Constitution Of India - Article 136; Madras Race Club (Acquisition and Transfer of Undertaking) Act, 1986
Disputes Redressal Commission, Madhya Pradesh (for short, 'State Commission') established under clause (b) of Section 9 of the Consumer Protection Act, 1986 ( for short, '1986 Act'). The respondent assumed office on September 21, 1998 and continued to hold that … a situation specific.40. Craies on Statute Law, Seventh Edition, has dealt with the subject, 'Laying before Parliament' in Chapter 13 under the title 'Delegated Legislation'. The author has observed that the requirement for 'laying' first appeared in
Tag this Judgment! AI Brief & AskV.Srinivasan Vs. Secretary to Tamil Nadu Generation and Distribution C ...
Chennai
Mar-25-2013
Land Acquisition
made thereunder shall have effect in so far as it is inconsistent with any other provisions of the Consumer Protection Act, 1986 or the Atomic Energy Act, 1962 or the Railways Act, 1989. Similarly, Section 174, which gives overriding effect … the 1948 Act, was to develop Grid Systems and to constitute the Semi Autonomous Bodies like Electricity Boards. Chapter III of the 1948 Act, provided for the constitution and composition of State Electricity Boards and Chapter IV … The Board itself was vested with delegated powers of legislation, under Section 79. Therefore, there was a need to clear any air of suspicion as
Tag this Judgment! AI Brief & AskThiru. R. Gandhi President, Madras Bar Association Vs. Union of India ...
Chennai
Mar-30-2004
Company
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
[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 … servants of High Courts; persons entitled to practise before the High Courts.;Item 79 of List I of the Seventh Schedule: 'Extension of the jurisdiction of
Tag this Judgment! AI Brief & AskA.S. Krishnamurthy and ors. Vs. Central India Spinning, Weaving and Ma ...
Mumbai
Nov-06-2006
Labour and Industrial
Bombay Industrial Relations Act - Sections 2, 2(15), 3(1), 3(2), 3(30), 3(38), 11, 12, 12(31), 13, 13(1), 13(2), 13(3), 19(2), 23, 23(1), 23B, 27A, 28(1), 30, 32, 33, 33A, 42, 42(2), 42(4), 44, 50A, 58, 71, 72, 73(1), 73(2), 73(3), 73A, 76, 79(1), 80 and 83A; Bar Councils Act - Sections 8, 14 and 14(1); Bombay Shops Establishment Act; Trade Union Act, 1926; Central Provinces and Berar Industrial Disputes Settlement Act, 1947; Bombay Industrial Relations (Extension and Amendment) Act, 1964; Legal Practitioners' Act - Sections 4; Bombay Industrial Relations Rules - Rules 37 and 40; Insolvency Rules - Rule 128; Code of Civil Procedure (CPC) - Order 3, Rule 1 - Order 17, Rule 2; The Bombay Industrial Relation Rules, 1947 - Rules 10 and 11; Consitution of India - Articles 14 and 19(1)
2007(1)ALLMR601; 2007(2)BomCR147
considered & distinguished in : AIR2003Bom15 -- S.R. Kothari v. South Mumbai Consumer Disputes Redressal Forum. While considering Consumer Protection Act (68 of 1986), Section 30 & Expression 'to appear' in Rule 4(7) and 8(7) of 2000 Rules permitting … representative of employees entitled to appear or act as such under Section 30. Section 12 is placed in chapter III which deals with registration of unions. It reads:12. Maintenance of registers and approved list: --It shall be … for settlement of such industrial dispute or unless circumstances mentioned in Section 79(1)(h) proviso exist and majority members by ballot vote in favour of strike,
Tag this Judgment! AI Brief & AskAshok Gangadhar Maratha Vs. Oriental Insurance Co. Ltd.
Supreme Court of India
Sep-02-1999
Motor VehiclesInsurance
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
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 … goods. Section 78 prescribes relevant considerations for processing such an application. Section 79 provides for grant of goods carriage permit.9. There is no evidence on
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