Court : Supreme Court of India
..... promoters, adherence to sanctioned plans, insurance of real estate, payment of penalty, interest and compensation, etc. under chapters iii and viii of the act 2016. this classification between consumers and promoters is based upon the intelligible differentia between the rights, duties and obligations cast upon the allottees/home buyers and ..... the jurisdiction to adjudicate complaints under sections 12, 14, 18 and 19 which were earlier pending before the authority established under the consumer protection act, 1986 stands vested with the adjudicating officer. according to him, the legislative intent is clear and unambiguous that the complaints emanating from the bundle ..... be followed by the adjudicating officer while adjudging quantum of compensation and interest which the person aggrieved is entitled for under the provisions of the act.68. mr. kapil sibal, learned senior counsel for the appellants submits that both the authority and the adjudicating officer operate in completely distinct .....
Tag this Judgment!Court : Supreme Court of India
..... reasons beyond the control of the complainant or the prosecution.15. let us now consider the applicability of these principles to cases under the act. the provisions of the act contemplate filing of an application under section 12 to initiate the proceedings before the concerned magistrate. after hearing both sides and after taking into ..... by not taking cognizance swiftly or within limitation, although the complaint has been filed within time or the prosecution has been instituted within time, should not act prejudicial to the prosecution or the complainant. (e) a constitution bench of this court in sarah mathew v. institute of cardio vascular diseases etc. and ..... protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection .....
Tag this Judgment!Court : Supreme Court of India
..... agreement, since it is a party to an inter-connected agreement, executed to achieve a common commercial goal. 18 (2018) 15 scc67819 arbitration and conciliation (amendment) act, 2015 ( 2015 amendment ) 27 part c20in cheran properties (supra), a three-judge bench of this court interpreted and applied the group of companies doctrine in the ..... application under section 11 to show that there existed an oral contract between the parties, or that indowind had transacted with wescare, or wescare had performed certain acts with reference to indowind, as proof of arbitration agreement. [ ].24. it is no doubt true that if indowind had acknowledged or confirmed in any ..... questions of law and fact. the issue of jurisdiction and merits are inextricably intertwined and a ruling premised exclusively on the application of section 7 of the act of 1996 was improper. 14 controverting the above submissions, mr shyam divan, senior counsel appearing on behalf of the jdil has indicated in the following tabulation .....
Tag this Judgment!Court : Supreme Court of India
..... 04.2019 had finalised xiv modalities to be adopted for allocation of the personnel between two states in accordance with section 82 of the andhra pradesh reorganisation act, 2014. thereafter, the telangana power generation corporation limited filed an application questioning the modalities finalised by one man committee. however, this court did not ..... section 4, the state of andhra pradesh was to comprise the territories of the existing state of andhra pradesh. section 82 of the andhra pradesh reorganization act, 2014 reads as under: 82. provision for employees of public sector undertakings, etc. on and from the appointed day, the employees of state public sector ..... present case, the dispute is concerning the employees of the telangana state power utilities and andhra pradesh power utilities. 7.1. the andhra pradesh reorganization act, 2014 was enacted by parliament to provide for the reorganization of the existing state of andhra pradesh and for matters connected therewith. by section 3, .....
Tag this Judgment!Court : Supreme Court of India
..... central electricity regulatory commission (2010) 4 scc603 in ptc india limited4, the actual question which arose was as to whether the appellate tribunal under the act has jurisdiction under section 111 to examine the validity of regulations framed in exercise of power 4 ptc india limited v. central electricity regulatory commission (2010 ..... initial consent in schedule 2, on behalf of the procurers, the spv was expected to issue the notification under section 6 of the land acquisition act, obtain necessarily environmental and forest clearance for the power stations, allocate captive coal mines and finally, give the water linkage for the reasonable project requirements ..... by the appellate tribunal for electricity (hereinafter referred to as tribunal for brevity) in an appeal carried by the first respondent under section 111 of the act. (2) the appeal before the tribunal, in turn, was lodged against the order passed by the central electricity regulatory commission (hereinafter referred to as .....
Tag this Judgment!Court : Supreme Court of India
..... 587 of 2018 filed by the appellant against the order passed by the commercial court, ahmedabad dismissing the applications under section 8 of the arbitration and conciliation act, 19961 in commercial civil suit nos. 90 of 2017 and 91 of 2017 respectively. both these appeals, involving common questions concerning arbitrability of the dispute, ..... arbitrable and nonarbitrable. we are in complete agreement with the view taken by the learned commercial court while rejecting the application under section 8 of the arbitration act, 1996. 19 5.3. accordingly, the high court proceeded to dismiss both the appeals and thereby affirmed the order passed by the commercial court in ..... of himangi enterprises v. kamaljeet singh ahluwalia: (2017) 10 scc706 to the effect that landlord-tenant disputes governed by the provisions of the transfer of property act, 1882 were not arbitrable, was doubted. while dealing with the reference, the court also dealt with the other interconnected aspects as to the meaning of .....
Tag this Judgment!Court : Supreme Court of India
..... of proof and presumptions: conceptual underpinnings 29. there are two senses in which the phrase burden of proof is used in the indian evidence act, 1872 (evidence act, hereinafter). one 18 is the burden of proof arising as a matter of pleading and the other is the one which deals with the ..... can be made between discretionary presumptions ( may presume ) and compulsive or compulsory presumptions ( shall presume ). [g. vasu v. syed yaseen (supra)].33. the evidence act provides for presumptions, which fit within one of three forms: 'may presume' (rebuttable presumptions of fact), 'shall presume' (rebuttable presumption of law) and conclusive presumptions ( ..... respondent judgment aravind kumar, j.1. leave granted.2. the respondent-accused was tried for the offence under section 138 of the negotiable instruments act, 1881 (for short ni act ). the trial court acquitted1 him. the high court dismissed the appellant s- complainant's appeal and upheld the order of acquittal2. challenging the .....
Tag this Judgment!Court : Supreme Court of India
..... hearing. it clearly appears from the above facts of the case that selection of the petitioners has been made contrary to the provisions of madhya pradesh panchayat raj act, 1993 and principles prescribed for the selection. in the above situation, the order dated 02.06.1999 passed by the collector, chhatarpur is not liable to ..... religious, linguistic, regional, caste or sectional diversities; or (iii) the dignity of women; or (b)gross negligence in the discharge of the duties under this act; [(c) the use of position or influence directly or indirectly to secure employment for any relative in the panchayat or any action for extending any pecuniary benefits to ..... duties under the above section and in such circumstances, if it is done, then office bearers of the panchayat could be terminated. in section 100 of the act, acquisition of any interest by any member office bearer or employee directly or indirectly in any contract or any employment made is strictly prohibited. in the present .....
Tag this Judgment!Court : Supreme Court of India
..... part of her statement recorded under section 161 of crpc. the witness ought to have been confronted with her prior statement in accordance with section 145 of the indian evidence act. however, in the cross- examination made by the public prosecutor, the witness accepted the suggestion given by the public prosecutor that the appellant came to her house at 7 p ..... his mother s hair, the appellant took her towards the pond. at that time, one lakhan came there and tried to tell the appellant that he should not do such acts with his mother. the appellant abused him and forced him to leave. it is pertinent to note that pw-2 bisoha did not support the prosecution and was declared hostile .....
Tag this Judgment!Court : Supreme Court of India
..... with the respondents complainants for the units in question.3. the respondents complainants filed the complaints before the `state commission under section 17 of the consumer protection act, 1986 against the present appellants and respondent no.2 seeking inter alia the declaration that the present appellants and the respondent no.2 were jointly and severally involved ..... by the letter of revocation dated 12-8-2014, coupled with public notice of the same date and hence the appellants could not be held liable for any act done by respondent no.2, who had allegedly entered into agreements with the complainants. he also submitted that the complaints as such are not 6 maintainable under the ..... letter of revocation dated 12-8-2014, submitted that even as per the said letter, the appellants had stated that they could not be liable for the acts of the respondent no.2 henceforth meaning thereby after the said letter, however, the respondent no.2 had entered into the agreement with the complainants i.e .....
Tag this Judgment!