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Masroor Ali Vs. Court of Incharge, District Judge/Addl. Dist. Judge an ...

Court : Allahabad

Subject : Civil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Consumer Protection Act, 1986 - Sections 13 and 87(1); Representation of the People Act, 1951; Representation of the People Rules; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17 - Order 8, Rules 1, 5, 6A, 9, 10 and 12 - Order 9, Rule 7 - Order 13, Rule 1; Constitution of India - Article 225

Reported in : AIR2005All334; 2006(1)AWC893

Topline Shoes Ltd. v. Corporation Bank, : [2002]3SCR1167 , pari materia provision contained in Section 13 of the Consumer Protection Act, 1986 came up for the consideration of the Court. The provision requires the opposite party to a … enforcement. The text of the provision in the present form has been introduced by Code of Civil Procedure (Amendment) Act, 2002 (22 of 2002) with effect from 1-7-2002. The purpose of such like amendments is stated in the Statement

Kirandevi Bansal Vs. D.G.M., Small Industries Development Bank of Indi ...

Court : Gujarat

Subject : Banking

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(2), 13(3A), 13(4), 13(13), 17, 17(2) and 17A; Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 - Sections 13(3A); Transfer of Property Act, 1882 - Sections 69 and 69A; Companies Act, 1956 - Sections 529(1) and 529A; Industrial Disputes Act, 1947 - Sections 17(1); Consumer Protection Act, 1986 - Sections 13(2); Security Interest (Enforcement) Rules, 2002 - Rule 3A; Prevention of Food Adulteration Rules, 1955 - Rules 7(3) and 9; Constitution of India - Article 14

Reported in : AIR2009Guj100

: 2002 6 SCC 33 : AIR 2002 SC 2487 while considering the scope of Section 13(2)(a) of Consumer Protection Act, 1986 whether or not the State Consumer Disputes Redressal Commission can grant time to the respondent beyond … the Act. Consequently, Sub-section (3A) was inserted by The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 (30 of 2004) with effect from 11.11.2004.7. The relevant provisions which are necessary for our consideration are

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

may peruse the relevant provisions of S. 13 of the Consumer Protection Act, 1986. It reads as under :'Section 13 ... subsection(2) ... (a) refer a copy of such complaint to the opposite party directing him to give … 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 … 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

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

Smt. Rani Kusum Vs. Smt. Kanchan Devi and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 8, Rules 1 and 10; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Consumer Protection Act, 1986 - Sections 13(2)

Reported in : AIR2005SC3304; 2005(4)AWC3861G(SC); 2005(3)BLJR2132; 2005(4)CTC809; [2005(4)JCR118(SC)]; JT2005(7)SC409; 2006(I)OLR(SC)8; (2005)141PLR627; RLW2005(4)SC2244; (2005)6SCC705;

the respondent to file reply beyond total period of 45 days in view of Section 13 of the Consumer Protection Act, 1986. It was held that the intention to provide time frame to file reply is really made … of the Code of Civil Procedure, 1908 (in short 'CPC') as amended by the Code of Civil Procedure (Amendment) Act, 2002 (in short the 'Amendment Act').3. Factual position is almost undisputed and, therefore, need not be elaborated. Respondent was

Kailash Vs. Nanhku and ors.

Court : Supreme Court of India

Subject : Election

Acts : Representation of the People Act, 1951 - Sections 79, 80, 81, 82, 86, 86(6), 86(7), 87, 87(1), 90(3), 117, 169, ; Code of Civil Procedure (CPC) , 1908 - Sections 4(1), 129 - Order1, Rule 10 - Order 6, Rule 17 - Order 8, Rules 1, 9 and 10; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Evidence Act, 1872; Constitution of India - Article 225; Court Rules - Rules 5 and 12; Punjab Municipal Corporation Act, 1976 - Sections 384; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Consumer Protection Act, 1986 - Sections 13

Reported in : AIR2005SC2441; 2005(3)ALD102(SC); 2005(5)ALLMR(SC)689; 2005(1)ARC861; 2005(2)AWC1490(SC); 2005(2)BLJR1422; 2005(3)BomCR906; 2005(3)CTC355; JT2005(4)SC204; 2005(2)KLT623(SC); (2005) 4 SCC 480

in Topline Shoes Ltd. v. Corporation Bank : [2002]3SCR1167, pari materia provision contained in Section 13 of the Consumer Protection Act, 1986 came up for the consideration of the Court. The provision requires the opposite party to a … enforcement. The text of the provision in the present form has been introduced by Code of Civil Procedure (Amendment) Act, 2002 (22 of 2002) with effect from 1.7.2002. The purpose of such like amendments is stated in the Statement

Shailaja A. Sawant (Dr.) Vs. Sayajirao Ganpatrao Patil

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Order 8, Rules 1, 9 and 10

Reported in : 2004(5)BomCR548; 2004(2)MhLj419

that the three Hon'ble Judges of the Supreme Court have considered the provisions of Section 13 of the Consumer Protection Act, 1986 and while doing so their Lordships have held that for having speedy trial, the legislative mandate … service of the writ of summons as prescribed by Order 8, Rule 1. The Code of Civil Procedure (Amendment) Act, 2002 will be hereinafter referred to as the 'recent Amendment' while Code of Civil Procedure (Amendment) Act, 1999 will

Colgate-palmolive (India) Limited Vs. Anchor Health and Beauty Care Pr ...

Court : Chennai

Subject : Media and CommunicationCivil

Acts : Consumer Protection Act, 1987; Monopolies and Restrictive Trade Practices Act, 1969 - Sections 36A, 36(1) and 55; Lanham Act; Federal Trade Commission Act - Sections 5(1), 12, 15 and 15(1); Broadcasting Act, 1981; Cable Broadcasting Act, 1984; European Communities Act; Young Persons (Harmful Publications) Act, 1956; Emblems and Names (Prevention of Improper Use)Act, 1950; Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; Indecent Representation of Women (Prohibition) Act, 1986; Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994; Transplantation of Human Organs Act, 1994; Drugs and Cosmetics Act, 1940; Prize Competition Act, 1955; Prize Chits and Money Circulation Schemes (Banning) Act, 1978; Cigarettes and other Tobacco Product

Reported in : (2008)7MLJ1119; 2009(40)PTC653(Mad)

a trader or service provider after the enactments of Amendment Acts 50 of 1993 and 62 of 2002. Section 13(3B) inserted under Amendment Act 62 of 2002 with effect from 15-3-2003, enables the Consumer Forum to pass interim … companies from indulging in false publicity campaign (except to a limited extent under the MRTP Act and the Consumer Protection Act). We only have judge-made laws developing in the recent past. But the decisions of various Courts which … 292(2)(b) of Indian Penal Code declaring advertisements relating to obscene material as punishable(ii)Section 292-A(e), I.P.C., (inserted by Tamilnadu Amendment Act 25 of 1960 in its application to the State) making it a punishable offence to release advertisements containing … trade practice.55. However, The MRTP Act, 1969 is sought to be repealed by Section 66 of The Competition Act, 2002 ( Section 66 does not appear to have been notified so far). But fortunately, the power to enquire

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 … Respondents paid the amount accordingly. Thereafter, the petitioner by their letter dated 7.7.2007 intimated the respondents that on 13.7.2007 the sale deed would be executed. At the request of the respondents a draft copy of the sale

Jagmohan Dalmiya Vs. the Board of Control for Cricket in India and ors ...

Court : Kolkata

Subject : Trusts and Societies

Acts : Societies Registration Act, 1860; ;Tamil Nadu Societies Registration (Amendment) Act, 1975 - Sections 2, 3, 4, 9, 12(2), 12(3), 12(4), 27, 36(9), 46, 49, 53 and 55; ;Foreign Exchange Regulation Act, 1973; ;Companies Act; ;Transfer of Property Act, 1882; ;Right to Information Act (RTI); ;Stamp Act - Sections 24 and 25; ;Prevention of Food Adulteration Act, 1954; ;Consumer Protection Act, 1986 - Sections 13(2) and 34 to 37; ;Constitution of India - Articles 12, 24, 32 and 226; ;Board of Control for Cricket in India Rules - Rule 38; ;Tamil Nadu Societies Registration Rules, 1978 - Rules 6, 9, 14, 26, 48 and 49; ;Code of Civil Procedure (CPC) , 1908 - Order 8, Rule 1 - Order 39, Rules 1 and 2; ;Code of Civil Procedure (CPC) (Amendment) Act, 2002; ;Hong Kong Companies Ordinance, 1966

Reported in : AIR2008Cal227

void and of no effect.65. Mr. Mookerjee submitted that a resolution was adopted on 29th September, 2000 for amendment of the Bye laws of Respondent BCCI. It was this amendment, which introduced for the first time, the … or associate member of the petitioner in future.2. Respondent BCCI is a Society registered under the Societies Registration Act, 1860 and deemed to be registered under the Tamil Nadu Societies Registration Act, 1975, hereinafter referred to as … Act, 1975, hereinafter referred to as the 1975 Act by virtue of Section 53 of the said 1975 Act.3. Respondent BCCI, as its name suggests … the suspected information;We have in effect received a reply from R.B.I. on 13.10.97 wherein they have clarified that scrutinisation of the statement of accounts by