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George Joseph, General Secretary Vs. S. Chandramohan Nair, Member,
Kerala
Nov-20-2009
Service
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
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
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 … Commission, the powers of a Judicial Magistrate of First Class, a Notification under Section 11 read with Section 32 of the Code of Criminal Procedure is necessary, to enable these Forums and State Commission to exercise such
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 … 20 and 21 of the Constitution.Thirdly, it was contended that the penalty which can be imposed under Section 37(1) is imprisonment for a term which shall not be less than one month but which may extend to
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K. 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 … are the following:2. The petitioner challenges Ext. P1 notification, by which respondents 3 and 4 were appointed as members of the State Consumer Dispute Redressal
Tag this Judgment! AI Brief & AskArati 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 … Forum, Balasore the Govt. in exercise of the powers conferred under Rule 3(6)(g) of the Orissa Consumer Protection Rules, 1987 have been pleased to remove
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 … question and a direction to pay compensation to the consumer for any loss or injury suffered by him. Section 3 provides that the provisions of the Act shall be in addition and not in derogation of the provisions
Tag this Judgment! AI Brief & AskMr. Reju Thomas Vs. the National Insurance Co. Ltd. and ors.
Kerala
Aug-04-2008
Consumer
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)
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 … Narain v. I.T. Officer, Bareilly : [1970]78ITR26(SC) in that case it was found that an order under Section 35 of Income-tax Act is not appealable and a revision before the Commissioner of Income Tax is maintainable and
Tag this Judgment! AI Brief & AskN. Kannadasan Vs. Ajoy Khose and ors.
Supreme Court of India
May-06-2009
Consumer
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
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 … Commission' to mean a Consumer Disputes Redressal Commission established in a State under Clause (b) of Section 9. Section 3 provides that the provisions of the Act shall be in addition to and not in derogation of the … 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
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 … the Irrigation Department, Government of Andhra Pradesh and retired from service on 31-07-2002 on attaining the age of superannuation. In pursuance of a notification issued
Tag this Judgment! AI Brief & AskRaghavan Vs. C.D.R.F.
Kerala
Jul-28-2006
Consumer
Consumer Protection Act, 1986 - Sections 25, 25(1), 25(2), 25(3) and 27; Kerala Revenue Recovery Act - Sections 65; Code of Criminal Procedure , 1973; Indian Penal Code; Code of Civil Procedure (CPC) - Sections 58; Constitution of India - Article 20(2); Code of Criminal Procedure (Amendment) Act, 2002
2006(3)KLT706
the same offence of non-compliance with the orders passed by the District Forum/Commissions under Section 27 of the Consumer Protection Act, 1986 is the issue arising for consideration in this case.2. Two modes of implementation of the orders … district who will recover the same treating it as arrears of land revenue1. The obvious intention behind the amendment introduced in 2003 is to augment the process of recovery of the amounts due by replacing the execution … imprisonment for six months. The petitioner underwent the sentence with effect from 3-8-1998. He was released on 2-12-1998 on granting remission for the remaining period.
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