Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on : Jan-20-2014
..... case the defects developed within the period of warranty. 21. the decisions have no application to the facts of the case in view of amendment to the consumer protection act by act no.62 of 2002 which was brought into force with effect from 15.03.2003 and in the light of the decision of the honble supreme court in birla ..... , ansari road, darya ganj, new delhi.? 8. by this admission, the complaint will fall within the exception clause contained in section 2(1)(d)(ii) of the consumer protection act, as amended in 2002. in terms of this provision, the rp/complainant does not qualify to be a consumer for the purposes of the consumer protection ..... act, 1986. therefore, in our view, the state consumer disputes redressal commission uttrakhand has rightly rejected the consumer complaint filed by the revision petitioner. 16. in birla technologies ltd vs .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Jan-20-2014
..... claims in its plea. neither respondent raised estoppel to this denial in their replication. and it appears from the affidavit filed in support of the amendment application that this was a deliberate choice by mahomed and his legal representatives. significantly, on several occasions thereafter, absa pertinently raised the respondents failure to ..... genuineness of the deposit receipts. it further denied the conclusion of the alleged investment agreements alternatively, if they were so concluded, mistrys authority to act as its authorised agent or representative when contracting with the respondents and the payment to it of the funds represented by the deposit receipts. it then ..... their attorneys, to liquidate absa and lay criminal charges against its directors and chief executive officer for breach of the provisions of the financial intelligence centre act 38 of 2001 (fica).1 [6] absa denied any liability to the respondents who then turned to the high court and launched application proceedings .....
Tag this Judgment!Court : Chennai
Decided on : Jan-20-2014
..... from 10th december, 1974, they do not have the effect of overriding the decision in a.k. subraman's case (air1975sc483 directing the government to amend and revise the seniority list so as to fix inter se seniority between assistant engineers and assistant executive engineers promoted regularly within their respective quota up to 11th ..... rules and appointed them to the posts in question to meet the administrative requirement. air1985sc1019and air1967sc1301rel.on. 136.in the decision of the hon'ble supreme court in indian airlines corporation v. capt. k.c.shukla and others, (1993) 1 supreme court cases 17, at special page 19, it is held as follows: adjusting ..... another university is not known. if the essential educational qualification for recruitment to a post is not satisfied, ordinarily the same cannot be condoned. such an act cannot be ratified. an appointment which is contrary to the statute/statutory rules would be void in law. an illegality cannot be regularised, particularly, when the .....
Tag this Judgment!Court : Delhi
Decided on : Jan-20-2014
..... a copy of the notice when served with the documents in the suit, once again, the period of 15 days has expired thereafter and keeping the legislative intendment of amended section 106 in view, the appellant therefore cannot argue that the tenancy is not terminated and he did not get a period of 15 days to vacate the premises. ..... could not have been filed, fails for this reason also. in this regard, i am keeping in view the amendment brought about to section 106 of the transfer of property act by act 3 of 2003 and as per which amendment no objection with regard to termination of tenancy is permitted on the ground that the legal notice did not validly terminate ..... a paragraph that contractual tenancy of the appellant/tenant/defendant was terminated. this in my opinion is sufficient compliance of law as per section 106 of the transfer of property act, 1882. in any case, the appellate court has referred to the judgment of this court in the case of m/s. jeevan diesels and electricals limited vs. .....
Tag this Judgment!Court : Patna
Decided on : Jan-20-2014
..... limited. 4. the facts are not in dispute. the electricity act, 2003 (hereinafter in brevity 'act') and its subsequent amendments which repealed the indian electricity act, 2010, the electricity (supply) act, 1948 and the electricity regulatory commission act, 1998, while consolidating the law governing and relating to generation, ..... transmission, distribution, trading and use of electricity, made radical changes in the entire concepts. apparently, in conformity with the new act ..... intending to move or had moved the bihar electricity regulatory commission (hereinafter in brevity 'regulatory commission') seeking permission to amend the bid document (rfp). petitioner company represented both to the regulatory commission and the power holding company that while .....
Tag this Judgment!Court : Delhi
Decided on : Jan-20-2014
..... dated 10th may, 2002 in the suit impleaded as defendant no.2 to the suit. the respondent no.1/plaintiff accordingly applied for and was allowed to amend the plaint seeking the relief of specific performance against the appellant/defendant no.2 also.13. the appellant/defendant no.2 contested the suit by filing a written ..... in the court to decline specific performance is a jurisdiction of equity and good conscience and where an agreement to sell is proved and the purchaser has acted without undue delay and has pursued his remedy in accordance with law without infringing the settled canon of equity, equity demands that the agreement be specifically performed ..... 2013 contended that only plea available to the appellant/defendant no.2 as the subsequent purchaser is with respect to section 19(b) of the specific relief act, 1963 and the subsequent purchaser is not entitled to challenge inter alia the readiness and willingness of the purchaser/decree holder by placing reliance on jugraj singh vs .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-21-2014
..... 2009. in the course of trial for the offences under sections 147, 148, 324, 326, 307, 302 r/w 149 of ipc, sections 3, 4, and 6 of explosive substances act and section 25(1-b)(b) and 27 of arms act. they filed a petition before the ii additional sessions judge, kurnool at adoni who is trying the said case to appoint .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-21-2014
..... .f. 6th february, 2003. the object and reasons for the said amendment act are of some importance and are given below :- 1. the negotiable instruments act, 1881 was amended by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 wherein a new chapter xvii was incorporated for penalties in case ..... section, ".debt or other liability". means a legally enforceable debt or other liability. 7. this court in electronics trade & technology development corporation ltd., secunderabad v. indian technologists & engineers (electronics) (p) ltd. and another (1996) 2 scc739 held as follows: 6. ..the object of bringing section 138 on statute appears ..... others respondents judgment k.s. radhakrishnan, j.1. this writ petition, under article 32 of the constitution of india, has been preferred by the indian banks association (iba) along with punjab national bank and another, seeking the following reliefs :- a. laying down appropriate guidelines/directions to be followed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-21-2014
..... , bhopal. one deputy director prosecution gave his opinion vide letter dated 26.11.2009 that police station mahila thana, bhopal had jurisdiction to entertain the case. however, an amendment in the cr.p.c. was made in the year 1983 and section 198 of the cr.p.c. was added that any person on behalf of the aggrieved can ..... the complainant after her return from usa for any purpose including the dowry demand or harassment and therefore, prima facie no offence punishable under section 498-a of ipc or section 506 of ipc is made out against the applicants on the basis of the evidence collected by the investigation officer.10. as discussed above, after coming from usa, the ..... return from ohio and therefore, prima facie no offence punishable under section 498-a or 506 of ipc is made out against the applicants either directly or with the help of section 34 of ipc. similarly, no offence under section 3/4 of dowry prohibition act is made out against the applicants for -:- 9 -:- m.cr.c.no.1830 of 2013 the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-21-2014
..... this context, relating to this subject-matter, what is the true meaning of that words . 57. i respectfully adopt the reasoning of lord green in construing the expression the amendment of the constitution. 58. lord green is not alone in this approach. in bourne v. norwich crematorium, (1967) 2 all er576 578 it is observed: english words ..... 37(1) fastens a heavy liability regardless of fault has no force in depriving the forfeiture of the character of penalty. [8].56. in construing the expression amendment of this constitution i must look at the whole scheme of the constitution. it is not right to construe words in vacuum and then insert the meaning into an ..... proven guilt or suspicion of involvement in a certain specified activity prohibited by the customs act can only be a penalty attracting the prohibition of article 20 of the constitution of india. it is submitted that under section 53[6]. of the indian penal code, forfeiture of property is one of the prescribed punishments for some of the .....
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