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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 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 … Gupta, reported in : [1985]3SCR825 had held that the conclusion is inescapable that the word 'Shall' used in Section 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act was directory and not mandatory and must be

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 … own order, even if it is an order dismissing the complaint for default. Learned Counsel pointed out that Section 15 of the Consumer Protection Act provides for an appeal against an order passed by the District Forum and

U. Jawahar Lal Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Sections 12 and 15; Consumer Protection (Amendment) Act, 2002; Bombay Municipal Corporation Act, 1949 - Sections 406(2) and 411; Income Tax Act, 1922 - Sections 30 and 46(1); Constitution of India - Article 14

Reported in : 2006(5)ALD633; 2006(6)ALT19; [2006]134CompCas593(AP)

C.J.1. In this petition, the petitioner has prayed for striking down second proviso to Section 15 of the Consumer Protection Act, 1986 (for short 'the Act') as inserted by Act 62 of 2002. He has further prayed for … the parties, we are unable to subscribe to the view taken by the High Court. Section 406(2)(e) as amended states that no appeal against a rateable value or tax fixed or charged under the Act shall be

T.Xavier Vs. the State of Tamil Nadu

Court : Chennai

Subject : Consumer

Acts : Consumer Protection Act, 1986 - Section 10(1A), 16(1)(a), 30, 4, 20; Kerala Consumer Protection Rules, 2005 - Rule 7, 17(1)(2)(3) ; Tamil Nadu Consumer Protection Rules, 1988 ; Consumer Protection Rules, 1987 - Rule 12-A(4); Central Rules ; State Rules ; Service Rules

the President and the members are also enumerated in that section. Section 16(1-A), which was added by the Consumer Protection (Amendment) Act, 2002 lays down that every appointment under sub-section (1) shall be made by the State Government on the recommendation

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 … of service and the same came to be dismissed by an order dated 17.5.2006. Respondents filed Appeal Mo. 1504/2006 before the State Commission which was disposed of by an order dated 26.3.2007 whereby the respondents were directed

N. Kannadasan Vs. Ajoy Khose and ors.

Court : Supreme Court of India

Subject : Consumer

Acts : Consumers Protection Act, 1986 - Sections 2, 3, 6, 6(7), 7, 9, 16, 16(1), 16(1A), 17 and 20(1); Narcotic Drugs and Psychotropic Substances Act - Sections 37; High Court Judges (Salaries and Conditions of Service) Act, 1954; Government of India Act, 1915; Government of India Act, 1935 - Sections 220; Constitution (Seventh Amendment) Act, 1956; Prevention of Money Laundering Act, 2002; Executive Act; Indian Electricity Act, 1910 - Sections 4 and 4(1); City of Nagpur Corporation Act, 1948 - Sections 15; Life Insurance Corporation Act, 1956; Life Insurance Corporation of India (Staff) Regulations, 1960 - Regulation 25; Constitution of India - Articles 19(1), 50, 124, 164, 164(4), 191(1), 216 to 224A, 233 and 368; Code of Criminal Procedure (CrPC) , 1973

Reported in : JT2009(7)SC601; 2009(8)SCALE351; (2009)7SCC104

Justice of the High Court in considering the same person for appointment to any judicial office under the Consumer Protection Act, 1986 or any other similar offices in other Tribunals & Commissions ?ii) Since an independent and fair … of the State Consumer Disputes Redressal Commission (`the Commission') in terms of Section 16 of the Consumers Protection Act, 1986 (`the Act') is the question … have to go back to the Bar. The learned Judge furthermore noticed the enactment of the Constitution (Seventh Amendment) Act, 1956, in terms whereof existing Article 224 was substituted by a new Article and the existing Article 224 … judicial independence in a case involving the Prevention of Money Laundering Act, 2002.93. Qualification to hold the post was found to be necessary also in … from 06.11.2005. His Lordship's date of birth is 15.11.1955.Further, it is submitted that the Hon'ble Thiru Justice

Reheemunnissa Vs. District Consumer Forum and ors.

Court : Andhra Pradesh

Subject : ConsumerCivil

Acts : Consumer Protection Act, 1986 - Sections 12, 15, 25, 25(1), 25(2), 25(3) and 27; Consumer Protection (Amendment) Act, 2002; Constitution of India - Article 226

Reported in : AIR2009AP100

execution of the order passed in C.D. No. 116 of 2000 under Sections 25 and 27 of the Consumer Protection Act, 1986 (for short 'the Act'). Accordingly the petitioner appeared before the Forum on 26-04-2007 and requested to … concerned, it is necessary to notice Section 25 of the Act as amended by Act 62 of 2002 w.e.f. 15-03-2003 which runs as under:25. Enforcement … writ petition on the ground that the petitioner failed to exhaust the alternative remedy of appeal available under Section 15 of the Act.9. However, the learned Counsel for the petitioner while reiterating the contentions in the writ petition

Dr. D.J. De Souza Vs. Cadila Health Care Ltd.

Court : Goa State Consumer Disputes Redressal Commission SCDRC Panaji

Subject : MRTP

Matched in: Court Goa State Consumer Disputes Redressal Commission SCDRC Panaji

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

Shrikant G. Mantri Vs. Punjab National Bank

Court : Supreme Court of India

Subject : Land Acquisition

make the said Act more effective by removing various lacunae, the legislature amended the said Act by the Consumer Protection (Amendment) Act, 2002 (hereinafter referred to as “the 2002 Amendment Act”). One of the objects for bringing out the 2002 Amendment … In order to provide for better protection of the interests of the 15 consumer, the Consumer Protection Bill was introduced in the Parliament.22. Perusal of … in Consumer Complaint No.55 of 2006, thereby holding that the appellant­complainant was not a consumer as envisaged under Section 2(1)(d) of The Consumer Protection Act, 1986 (hereinafter referred to as 2 “the said Act”). As such, by