Court : Delhi
Reported in : 2005(1)ARBLR271(Delhi); 2005(80)DRJ69
..... it is further the objection of the mcd that appointment of the arbitrator was bad in law inasmuch as a petition under section 11 of the arbitration & conciliation act, 1966 was pending when arbitrator was appointed.7. ..... contention of mcd that the arbitrator has ignored the pleadings and the evidence on record while awarding the claims of the claimant as afore-noted is wholly frivolous for the reason that the learned arbitrator worked upon the claim in the context of annexure a. ..... while rejecting the claim, learned arbitrator has held that mcd did not take any steps to protect the works which were executed by the contractor till the stage when dispute arose. ..... it was, in my opinion, the responsibility of mcd to have protected the works. ..... the claimant had filed a petition under section 11 of the arbitration & conciliation act, 1996 since the commissioner of the corporation, the authority named in the contract was not appointing an arbitrator. ..... learned arbitrator has recorded, while allowing the said claim that the representative of the mcd agreed that the said sum was payable and noting to this effect have been recorded in annexure a.25. ..... learned counsel for the mcd could not point out any evidence led by the mcd before the arbitrator to show as to what amount was likely to be spent over and above the contract stipulated rate if the work was re-tendered.44. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)ALLMR28; 1999(4)BomCR45
..... we cannot lose sight of the fact that consumer protection act is for the benefit of the consumers and it has been laid down by the courts that the said act shall be read down in order to serve the main purpose of the welfare of the consumers. ..... we, therefore, do not wish to read any non-compliance of provisions of section 13 of consumer protection act, when there is massive failure of crop, it pinpoints the defective seed and not improper cultivation. 8. ..... parth seeds and the distributors have taken shelter under section 13 of the consumer protection act. ..... under section 104 of the evidence act, when the fact is within the special knowledge of the party, which in this case is the producer, that party itself should discharge the onus and that can be done only by opposite party sending the seeds for analysis. ..... we also did not come across the notification about ahh-468 seed under section 5 of the seeds act and in that event the seed could not be marketed or sold at the relevant time. 17. ..... act, it is open to the opposite parties also to request the district forum to send the seeds for analysis and being the manufacturer as the opposite party no. ..... here we find that the grievance committee is constituted under the rules and act and we believe that the report of that committee is on a higher evidentiary pedestal. 12. ..... if we adopt the lines suggested by the opposite parties, possibly we shall be doing injustice to the intimateobjective of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC3588; [2003(1)JCR194(SC)]; JT2002(7)SC578; 2002(7)SCALE217; (2002)8SCC715
..... to extract the relevant portion of clause i of schedule vi to the 1948 act which reads : 'notwithstanding anything contained in the indian electricity act, 1910 (9 of 1910) x x x the licensee shall so adjust his x x x' taking advantage of this part of the provisions which contains the obstante clause, it is argued that since section 57, 57a and schedule vi to the 1948 are protected under sub-section (2) of section 29 of the 1998 act, and the said non obstante clause prevails over the non obstante clause found in section 29 of the 1998 act as well as the provisions of sections 49 and 52 of the 1998 act. ..... it proceeded on the basis that in view of the reference made to schedule vi to the 1948 act and reference to sections 46, 57 and 57a of the 1948 act in clause (a) of section 29(2) of the 1998 act and in view of the language of section 57 of the 1948 act, the primary right to determine the tariff lies with the licensee or the utility concerned and it is only when the concerned licensee or the utility has erred on a matter of principle in so fixing the tariff, the role of the commission comes into play in correcting the same. ..... section 49 of the act gives overriding effect over this act to only two other enactments, namely, the consumer protection act, 1986 and the atomic energy act, 1962. ..... state of madras : [1966]60itr112(sc) after discussing the judgment of the calcutta high court in the cases of (i) raleigh investment co. .....
Tag this Judgment!Court : Chennai
Reported in : (1970)1MLJ137
..... learned counsel for the plaintiff-landlords questions the correctness of the definition relied on for the appellants and refers me to a publication by the law department of the government of madras, revenue acts and regulations, corrected upto the 31st december, 1966, which contains the madras cultivating tenants protection act, 1955. ..... --in the madras cultivating tenants protection act, 1955 (madras act xxv of 1955), for clause (a) of section 2, the following clause shall be substituted, namely:(a) ' cultivating tenant' in relation to any land:(1) means a person who carries on personal cultivation on such land, under a tenancy agreement, express or implied, and(2) includes:(i) any such person as is referred to in sub-clause (1) who continues in possession of the land after the determination of the tenancy agreement,(ii) in the district of tiruchirapalli, a kaiaeruvaramdar or a mattuvaramdar who works on the land under an engagement with the landlord for .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2003Kant307; ILR2003KAR1821; 2003(4)KarLJ18
..... and that consequently the forum has no jurisdiction to entertain the claims particularly in view of section 70 of the karnataka co-operative societies act which mandates that all disputes between a society and its member are required to be referred to the forum set up under the co-operative societies act, the issue of jurisdiction was seriously contested and by a majority judgment, the forum held that the claimants were consumers in so far as they had availed of the services of the society and secondly that under the consumer protection act that the forum did ..... as against this position, the respondents' learned counsel vehemently defended the two orders because it was their contention that as consumers who had availed of the services of the society for which 2 percent was deducted out of the price realized that they would come squarely within the ambit of section 2(d)(ii) of the consumer protection act, 1986 which defines the ambit and scope of the expression 'consumer'. ..... the majority judgment was the subject matter of the writ petitions that were filed before the learned single judge, who in turn summarily disposed of the writ petitions on the ground that the petitioners namely the society had their appellate remedies under section 17 of the consumer protection act and that consequently, the writ petitions were not maintainable. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP49; 2003(6)ALD834; 2004(1)ALT345
..... thereafter the 2nd respondent herein filed complaint purporting it to be under section 27 of the consumer protection act, 1986 (act 68 of 1986) (for short 'the act') against the writ petitioner for punishing him for his failure to comply with the order passed by the district forum and to execute and enforce the order dated 17-8-2000 passed by the district forum. ..... maruthi hari jadhav, : [1966]1scr102 , while dealing with the nature and scope of the provisions of section 115 cpc observed:'the history of recent legislation in india shows that when legislatures pass acts dealing with socio-economic matters, or make provisions for the levy of sales-tax, it is realized that the operative provisions of such legislation present difficult problems of construction; and so, sometimes, the act in question provides for a revisional application to the high court in respect of such matters or authorises a reference to be made to it. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1998Ori101
..... though subsequently, possibly realising the position, a proceeding has been re-started by the regulatory commission, this court is of the opinion that no useful purpose would be served by remitting the matter to the regulatory commission in view of the above letter informing the iccl that the matter is not arbitrable, this court holds that the above letter amounts to refusal of the statutory arbitrator to act in terms of the provisions of law. ..... it is pleaded by the iccl that gridco is duty bound under the act of 1910 and the act of 1948 to maintain grid discipline at the statutory limitations, but it started defaulting, and since july, 1996, the frequency of the grid has been fluctuating beyond the upper limits of the statutory level obstructing the stable power generation besides causing severe damage to the power plant of iccl at choudwar. ..... in the penultimate paragraph of the said letter, the iccl was informed as follows :'in this connection it is seen that section 37(1) refers only to dispute between the licensees and in respect of matter of consumer protection. ..... learned counsel also placed reliance on two decisions of bombay high court (air 1958 bom 498 and air 1966 bom 160) and one decision of allahabad high court (air 1973 all 263). .....
Tag this Judgment!Court : Delhi
Reported in : 1998RLR353
..... and in view of rules 3 & 4 of the said amendment, the plaintiff has got the right ..... ajay sahni, learned counsel for the plaintiff has addressed lengthy arguments that it is the right of the plaintiff to value the relief for the purpose of jurisdiction under the provisions of order 7 rule 2 of the code of civil procedure read with section 7 of the court fee act, 1870 and section 9 of the suits valuation act, 1887 read along with rules 3 & 4 of the punjab and haryana high court rules and on the basis of the aforesaid enactment mr.sahni has contended that in view of the amendment in the punjab & haryana high court rules ..... the reasoning of section 15 of the code of civil procedure that every suit should be instituted in the court of the lowest grade competent to try it, is intended for the protection of the courts of higher grade from over-burderning. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1968Mad349; 1968CriLJ1282; (1968)1MLJ229
..... got a fundamental right to travel abroad and whether a passport is a condition requisite for such travel emphasised the importance of a passport in the following terms:--"...................a passport, whether in england or in the united states america, serves diverse purposes; it is a 'request for protection', it is a document of identity, it is a prima facie evidence of nationality, in modern times; it not only controls exit from the state to which one belongs but without it, with a few exceptions, it is not possible to enter ..... as follows:--"a person is said to make a false document-first-who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document, or makes any mark denoting the execution of a document, with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was ..... the provisions of the foreigners act, the commonwealth citizen is entitled to certain civic rights and protection ..... 1966 as to why i am unable to reduce the ..... of 1966 and found that a passport creates a legal right, and, therefore, a valuable security within the meaning ..... 1966 in regard to the ..... 1966 and registered his name in the ..... 815 of 1966: the appellant jean claude donze was charged under 10 counts of ..... hotel, bombay on 22-1-1966 he was arrested on ..... 1966 ..... 1966 ..... 1966 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC45; 1991CriLJ97; 1990(2)Crimes435(SC); 1990(48)ELT496(SC); JT1990(1)SC503; 1990(1)SCALE509; (1990)2SCC409; [1990]2SCR63; 1990(2)LC373(SC)
..... : 1980crilj1424 the question which arose for determination was whether an inspector of the railway protection force enquiring into an offence under section 3 of the railway property (unlawful possession) act, 1966, can be said to be a 'police officer' under section 25, evidence act. ..... counsel for the appellants, therefore, argued that when such extensive powers are conferred on the officers appointed under the act and the consequences are so drastic, it is desirable that the protection of section 25, evidence act, should be extended to persons accused of the commission of any crime punishable under the act. ..... article 25 of the universal declaration of human rights, 1948, and article 12 of the international covenant on economical, social and cultural rights, 1966, reflect the concern of the international community for the protection of the individual's right to the enjoyment of the highest attainable standards of physical and mental health. ..... durga prasad : 1974crilj1465 , the question for consideration was whether an enquiry under section 8(1) of the railway property (unlawful posssession) act, 1966, is an investigation under the code; if yes, whether statements recorded in the course of investigation are hit by section 162 of the code and if such statements are confessional in nature can they be admitted in evidence in view of section 25, evidence act. .....
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