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Arati Das Vs. State and ors.
Orissa
May-19-2005
Service
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)
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 … of this Writ Petition, the petitioner has challenged the impugned notification dated 26.10.2002, issued by Government of Orissa, Food Supplies and Consumer Welfare Department, removing
Tag this Judgment! AI Brief & AskV. Anil Kumar Vs. the State of Tamilnadu, Rep. by Its Chief Secretary ...
Chennai
Nov-05-2007
Consumer
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
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
Tag this Judgment! AI Brief & AskShanthiniketan Housing Foundation (A) Registered Partnership Firm) Rep ...
Karnataka
Jun-19-2009
Consumer
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
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 … ORDERN. Kumar, J.1. In all these Writ 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
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State of Karnataka Vs. Parmjit Singh and ors.
Supreme Court of India
Mar-02-2006
ConsumerConstitution
Consumer Protection Act, 1986 - Sections 27; Consumer Protection (Amendment) Act, 2002 - Sections 23 and 23(2); Consumer Protection (Amendment) Act, 2003; Code of Criminal Procedure (CrPC) , 1973 - Sections 4; Indian Penal Code (IPC), 1860; Constitution of India - Articles 20 and 21
AIR2006SC1408; 2006(2)AWC1692(SC); (SCSuppl)2006(3)CHN132; II(2006)CPJ6(SC); [2006(2)JCR330(SC)]; JT2006(3)SC386; 2006(3)KarLJ353; 2006(3)SCALE163; (2006)4SCC49
Commission or the National Commission, as the case may be.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 … Division Bench of the Karnataka High Court in a writ petition which was filed challenging validity of Section 27 of the Consumer Protection Act. 1986 (hereinafter referred to as 'the Act') One of the two appeals is
Tag this Judgment! AI Brief & AskK. Kanakachandran Vs. State of Kerala and ors.
Kerala
Feb-22-2007
Consumer
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
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
Tag this Judgment! AI Brief & AskFaqir Chand Gulati Vs. Uppal Agencies Pvt. Ltd. and anr.
Supreme Court of India
Jul-10-2008
Consumer
Consumer Protection Act, 1986 - Sections 2(1), 3 and 14; Consumer Protection (Amendment) Act, 2002
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 a
Tag this Judgment! AI Brief & AskDr. Prem Lata Vs. Govt. of Nct of Delhi and anr.
Delhi
May-09-2007
Service
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
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
Tag this Judgment! AI Brief & AskBhoopesh Vs. New India Assurance Company Ltd.
Kerala
Aug-10-2009
Motor VehiclesCivil
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
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 … the Chief Secretary forthwith. - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]: [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability Held, Section is not retrospective. All appeals
Tag this Judgment! AI Brief & AskMrs. M. Raghava Rani Vs. the Govt. of A.P., Rep. by Its Ex-officio Sec ...
Andhra Pradesh
Jun-18-2004
Service
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
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 … in dispute may be noted in brief :The petitioner in W.P.No.2123 of 2004 was a practising advocate and she was appointed as a Member in
Tag this Judgment! AI Brief & AskColgate-palmolive (India) Limited Vs. Anchor Health and Beauty Care Pr ...
Chennai
Sep-04-2008
Media and CommunicationCivil
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
(2008)7MLJ1119; 2009(40)PTC653(Mad)
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
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