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Shanthiniketan Housing Foundation (A) Registered Partnership Firm) Rep ...

Court : Karnataka

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 25, 27, 27A, 27(1), 27(2), 27(3), 29, 37(1), 40 and 40(1); Consumer Protection (Amendment) Act, 2002 - Sections 23; Constitution of India - Articles 20, 20(1) and 21; Contempt of Courts Act; Code of Civil Procedure (CPC) - Sections 51 - Order 21, Rule 37 - Order 39, Rule 2A; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 6, 173, 200(1), 200(2), 207, 227, 238 to 240, 242, 248, 251 to 258, 260, 262, 262(2), 263, 264, 265, 289, 325, 360 and 494; Code of Criminal Procedure (CrPC) , 1892 - Sections 349 and 562; Code of Criminal Procedure (CrPC) , 1872 - Sections 4; Code of Criminal Procedure (CrPC) , 1898 - Sections 4; Indian Penal Code

Reported in : ILR2009KAR2589; 2009(6)KarLJ205

while taking note of the aforesaid amendment, observed as under:4. It is to be noted that by the Consumer Protection (Amendment) Act, 2002 (62 of 2002), as contained in Section 23 of the Amending Act, the proviso which was struck down … Petitions the petitioners have challenged the constitutional validity of Section 27(2) and (3) of the Consumer Protection Act, 1986 (hereinafter far short referred to as the Act') as well as the procedure followed by the District and

Smt. Sunita Devi and ors. Vs. Abdhesh Kumar Sinha Alias Kamleshwari Pd ...

Court : Patna

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 148 and 151 - Order 8, Rule 1, 9 and 10; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Consumer Protection Act, 1986 - Sections 13; Bihar Buildings (Lease, Rent and Eviction) Control Act - Sections 15

the Code of Civil Procedure (Amendment) Act 1999 (Act 46 of 1999) and the Code of Civil Procedure (Amendment) Act 2002 (Act 22 of 2002) the provision of Rule 1 of Order VIII in the Code of 1908 was … the aforesaid case of Dr. J. J. Merchant ( : [2002]SUPP1SCR469 (supra) was considering the provisions of the Consumer Protection Act (68 of 1986) and had only made a passing reference to the provisions of Order VIII Rule … Jhar HCR 568 Para 7) are as follows :'4. In my view. Section 16(1) of the (Bihar) Amendment Act 2002 clearly provided that except in

Arati Das Vs. State and ors.

Court : Orissa

Subject : Service

Acts : Consumer Protection Act, 1986 - Sections 9, 10, 10(1), 10(1A), 10(2), 24B, 24B(1) and 24B(2); Consumer Protection (Amendment) Act, 2002; Orissa General Clauses Act - Sections 17; Orissa Consumer Protection Rules, 1987 - Rules 3, 3(5), 3(6), 6 and 6(7)

Reported in : AIR2006Ori13; 100(2005)CLT169

:Provided also that a person appointed as the President or as a member, before the commencement of the Consumer Protection (Amendment) Act, 2002, shall continue to hold such office as President or member, as the case may be, till the completion … Consumer Welfare DepartmentNo. 25097, Dt. 14.9.2000 - CW - 46/2000NotificationIn accordance with the provisions of Sub-section (1) of Section 10 of the Consumer Protection Act, 1986, the State Govt. do hereby appoint the following persons as President/Member

V. Anil Kumar Vs. the State of Tamilnadu, Rep. by Its Chief Secretary ...

Court : Chennai

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 9 to 27A, 27(1), 27(2), 27(3) and 30A; Consumer Protection (Amendment) Act, 1993; Consumer Protection (Amendment) Act, 2002; Code of Criminal Procedure (CrPC) , 1973 - Sections 9 to 21, 32 and 32(1); Contempt of Courts Act, 1971; Code of Civil Procedure (CPC) - Sections 51 - Order 21, Rule 37 - Order 39, Rule 2A; Family Courts Act, 1984 - Sections 7(2); Consumer Protection Regulations, 2005 - Regulation 24

Reported in : AIR2008Mad56; (2007)6MLJ1777

contention of the petitioner that though Section 27(2) of the Consumer Protection Act, 1986, as inserted by the Consumer Protection (Amendment) Act, 2002, with effect from 15.03.2003, conferred upon the District Forums, the State Commissions and the National Commission, the powers … Mandamus to direct the respondent-State Government, to issue necessary Notification under Section 27(2) of the Consumer Protection Act, 1986, conferring powers upon the District Consumer Disputes Redressal Forums and the State Consumer Disputes Redressal Commission, in the

Mrs. M. Raghava Rani Vs. the Govt. of A.P., Rep. by Its Ex-officio Sec ...

Court : Andhra Pradesh

Subject : Service

Acts : Consumer Protection Act, 1986 - Sections 10(1A); ;Consumer Protection (Amendment) Act, 1993; ;Uttar Pradesh State Universities Act, 1973 - Sections 31(8); Constitution of India - Articles 14 and 16

Reported in : AIR2004AP478; 2004(4)ALD454; 2004(5)ALT188

resigned:Provided also that a person appointed as the President or as a member, before the commencement of the Consumer Protection (Amendment) Act, 2002, shall continue to hold such office as President or member, as the case may be, till the completion … a Member in the District Forum, Ongole, Prakasam District after being selected by the Selection Committee constituted under Section 10(1-A) of the Consumer Protection Act, 1986 (for short, 'the Act'). She assumed the Office on 06-05-1998 and

Dr. Prem Lata Vs. Govt. of Nct of Delhi and anr.

Court : Delhi

Subject : Service

Acts : Consumer Protection Act, 1986 - Sections 10, 10(1), 10(1A), 10(2), 17B and 24B; Consumer Protection (Amendment) Act, 2002; Constitution of India - Article 226

Reported in : 140(2007)DLT270

resigned:Provided also that a person appointed as the President or as a member, before the commencement of the Consumer Protection (Amendment) Act, 2002, shall continue to hold such office as President or member, as the case may be, till the completion … of fresh appointment. The counsel has invited my attention to Sub-clause (1)(a) and proviso of Clause (2) of Section 10 of the Consumer Protection Act, 1986 so as to distinguish the petitioner's case being that of re-appointment

K. Kanakachandran Vs. State of Kerala and ors.

Court : Kerala

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 2, 16(1) and 16(3); Consumer Protection (Amendment) Act, 2002; Kerala Consumer Protection Rules, 2005 - Rules 16 and 17; Representation of People Act; Representation of People Rules - Rule 119

Reported in : AIR2007Ker155

of the petitioner. The learned Counsel brought to my notice the statement of objects and reasons of the Amendment Act, 2002, introduced to the provisions of the Consumer Protection Act. The learned Counsel submitted that having regard to the … ORDERK. Balakrishnan Nair, J.1. The point that arises for decision in this case is concerning the interpretation of Section 16(1)(b) of the Consumer Protection Act, 1986. The brief facts leading to the case are the following:2. The

George Joseph, General Secretary Vs. S. Chandramohan Nair, Member,

Court : Kerala

Subject : Service

Acts : Consumer Protection Act, 1986 - Section 16, 16(1), 16(1A) and 16(3); ;Kerala Consumer Protection Rules, 2005 - Rules 16 and 17; ;Consumer Protection (Amendment) Act, 2002; ;Constitution of India - Articles 217 and 226

Reported in : AIR2010Ker68,2009(4)KLT853

in Sub-section (3), a person appointed as the President or as a member, before the commencement of the Consumer Protection (Amendment) Act, 2002, shall continue to hold such office as President or member, as the case may be, till the completion … to establish his claim as well- founded, was to be ousted. In Corpus Juris Secundum, (Volume 74, para 1, page 174 )quo warranto is defined thus:Quo warranto is a proceeding to determine the right to the exercise

Faqir Chand Gulati Vs. Uppal Agencies Pvt. Ltd. and anr.

Court : Supreme Court of India

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 2(1), 3 and 14; Consumer Protection (Amendment) Act, 2002

Reported in : 2008(4)ALD102(SC); 2008BusLR712(SC); III(2008)CPJ48(SC); 2008(4)CTC170; JT2008(7)SC552; (2008)6MLJ721(SC); 2008(II)OLR(SC)446; 2008(9)SCALE768; (2008)10SCC345; 2008[12]S.T; 2008AIRSCW5216; 2008(4)CivilLJ60; 2008(5)LH(SC)3748.

words 'the provision of' are substituted by the words 'but not limited to, the provision of' by the Consumer Protection (Amendment) Act, 2002 (62 of 2002) with effect from 15.3.2003]Contentions:10. The appellant contends that though the agreement is captioned as 'collaboration … 10.5.1996 as not maintainable under the Act, holding that the appellant was not a `consumer' as defined in Section 2(1)(d)(ii) of the Act. It held that the agreement between the parties created mutual rights and obligations with

Mr. Reju Thomas Vs. the National Insurance Co. Ltd. and ors.

Court : Kerala

Subject : Consumer

Acts : Consumer Protection Act - Sections 13, 13(2), 13(3), 13(4), 15, 17, 17(1) and 22A; Consumer Protection (Amendment) Act, 2002; Income Tax Act - Sections 35; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) , 1908 - Order 9, Rule 9(1)

Reported in : AIR2009Ker5

13(2)(b) of the Act. This omission cannot be ignored. Section 22A of the Act was inserted by the Consumer Protection Amendment Act (Act 62 of 2002) empowering the National Commission to set aside an ex parte order. Section 22A provides … complaint before District Consumer Redressal Forum, Ernakulam, numbered as O.P.487 of 2003. It was dismissed for default on 18.5.2004. Petitioner filed I.A. 414 of 2004 (Ext.P2) to restore the complaint. In Ext.P2 petition, petitioner contended that he