Court : Supreme Court of India
Reported in : IV(2004)CPJ2(SC); JT2005(11)SC474; 2004(7)SCALE344; (2005)9SCC497
S.N. Variava, J. 1. Leave granted.2. Delay condoned.3. Before this Court a large number of Appeals have been filed by the Haryana Urban Development Authority and/or the Ghaziabad Development Authority challenging Orders of the National Consumer Disputes Redressal Commission, granting to Complainants, interest at the rate of 18% per annum irrespective of the fact of each case. This Court has, in the case of Ghaziabad Development Authority v. Balbir Singh : AIR2004SC2141 , deprecated this practice. This Court has held that interest at the rate of 18% cannot be granted in all cases irrespective of the facts of the case. This Court has held that the Consumer Forums could grant damages/compensation for mental agony/harassment where it finds misfeasance in public office. This Court has held that such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury and must co-relate with the amount of loss or injury. This Court has held th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4187; 2004(5)ALLMR(SC)1041; 2004(4)AWC2971(SC); 2004(5)CTC60; JT2004(8)SC442; 2004(3)KLT587(SC); (2004)4MLJ153(SC); (2004)7SCC233
Ashok Bhan, J.1. Aggrieved against the judgment and decree passed by the High Court of Judicature at Madras in Second Appeal No. 1324 of 1983 wherein the High Court while reversing and setting aside the concurrent judgments of the two courts below has dismissed the suit which had been decreed by the courts below, the plaintiff/appellants have filed the present appeal (now represented through L.Rs.).2. Since the dispute is between the members of the family it would be useful to refer to genealogy of the family, which is as under: ANGAPPA GOUNDER DIED 1904 (When Malaya Gounder was 10 years old) | | ------------------------------------------------------- | |Malaya Gounder Marappa GounderPlaintiff (Died on 23.6.1983) (Died in 1923) | |Ramayee Ammal (wife) Nachayyee Ammal (Died on 2.1.1979) (Died in 1925) | | ----------------------------------------------- | | | | | | (son) (daughter) (daughter) (daughter) | Muthusamy Valliammal Ammaniammal Angayammal | (died in 1943) (Died in 1940) Marrie...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004CriLJ4193; JT2004(7)SC504; 2004(7)SCALE348; (2004)7SCC274
Arijit Pasayat, J.1. The State of Andhra Pradesh is in appeal against the judgment of learned Single Judge of the High Court of Andhra Pradesh allowing the writ petition filed by the respondents. By the impugned judgment it was held that the proceedings initiated against the respondents in seizing molasses along with tanker while in transit and confiscating the same is without any authority of law. The High Court accepted the plea that there was no material to show that the seized articles were intended to be used for manufacturing of rectified spirit.2. In support of the appeal, learned counsel appearing for the State of Andhra Pradesh submitted that the High Court's approach is clearly erroneous. This was not a case where there was no material to show the commission of alleged crime. Whether there was adequate material already in existence or which could have been collected during investigation and their relevance is essentially a matter of trial.3. Per contra, learned counsel for th...
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2004)CPJ6(SC); 2004(7)SCALE356; (2005)9SCC494
S.N. Variava, J.1. Leave granted. 2. Delay condoned.3. Before this Court a large number of Appeals have been filed by the Haryana Urban Development Authority and/or the Ghaziabad Development Authority challenging Orders of the National Consumer Disputes Redressal Commission, granting to Complainants, interest at the rate of 18% per annum irrespective of the fact of each case. This Court has, in the case of Ghaziabad Development Authority v. Balbir Singh : AIR2004SC2141 , deprecated this practice. This Court has held that interest at the rate of 18% cannot be granted in all cases irrespective of the facts of the case. This Court has held that the Consumer Forums could grant damages/compensation for mental agony/harassment where it finds misfeasance in public office. This Court has held that such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury and must co-relate with the amount of loss or injury. This Court has held th...
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2004)CPJ1(SC); 2004(7)SCALE357; (2005)9SCC506
S.N. Variava, J. 1. Leave granted. 2. Delay condoned.3. Before this Court a large number of Appeals have been filed by the Haryana Urban Development Authority and/or the Ghaziabad Development Authority challenging Orders of the National Consumer Disputes Redressal Commission, granting to Complainants, interest at the rate of 18% per annum irrespective of the fact of each case. This Court has, in the case of Ghaziabad Development Authority v. Balbir Singh : AIR2004SC2141 , deprecated this practice. This Court has held that interest at the rate of 18% cannot be granted in all cases irrespective of the facts of the case. This Court has held that the Consumer Forums could grant damages/compensation for mental agony/harassment where it finds misfeasance in public office. This Court has held that such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury and must co-relate with the amount of loss or injury. This Court has held t...
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2004)CPJ8(SC); JT2004(7)SC173; 2004(7)SCALE359; (2005)9SCC490
S.N. Variava, J. 1. Delay condoned. 2. Special leave granted.3. Before this Court a large number of Appeals have been filed by the Haryana Urban Development Authority and/or the Ghaziabad Development Authority challenging Orders of the National Consumer Disputes Redressal Commission, granting to Complainants, interest at the rate of 18% per annum irrespective of the fact of each case. This Court has, in the case of Ghaziabad Development Authority v. Balbir Singh : AIR2004SC2141 , deprecated this practice. This Court has held that interest at the rate of 18% cannot be granted in all cases irrespective of the facts of the case. This Court has held that the Consumer Forums could grant damages/compensation for mental agony/harassment where it finds misfeasance in public office. This Court has held that such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury and must co-relate with the amount of loss or injury. This Court ha...
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2004)CPJ10(SC); JT2005(11)SC476; 2004(7)SCALE345; (2005)9SCC492
S.N. Variava, J. 1. Delay condoned. 2. Special leave granted. 3. Before this Court a large number of Appeals have been filed by the Haryana Urban Development Authority and/or the Ghaziabad Development Authority challenging Orders of the National Consumer Disputes Redressal Commission, granting to Complainants, interest at the rate of 18% per annum irrespective of the fact of each case. This Court has, in the case of Ghaziabad Development Authority v. Balbir Singh : AIR2004SC2141 , deprecated this practice. This Court has held that interest at the rate of 18% cannot be granted in all cases irrespective of the facts of the case. This Court has held that the Consumer Forums could grant damages/compensation for mental agony/harassment where it finds misfeasance in public office. This Court has held that such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury and must co-relate with the amount of loss or injury. This Court h...
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2004)CPJ9(SC); 2004(7)SCALE360; (2005)9SCC501
S.N. Variava, J. 1. Leave granted. 2. Before this Court a large number of Appeals have been filed by the Haryana Urban Development Authority and/or the Ghaziabad Development Authority challenging Orders of the National Consumer Disputes Redressal Commission, granting to Complainants, interest at the rate of 18% per annum irrespective of the fact of each case. This Court has, in the case of Ghaziabad Development Authority v. Balbir Singh : AIR2004SC2141 , deprecated this practice. This Court has held that interest at the rate of 18% cannot be granted in all cases irrespective of the facts of the case. This Court has held that the Consumer Forums could grant damages/compensation for mental agony/harassment where it finds misfeasance in public office. This Court has held that such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury and must co-relate with the amount of loss or injury. This Court has held that the Forum or t...
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2004)CPJ4(SC); JT2004(8)SC44; 2004(7)SCALE342; (2005)9SCC503
S.N. Variava, J. 1. Delay condoned.2. Special leave granted.3. Before this Court a large number of Appeals have been filed by the Haryana Urban Development Authority and/or the Ghaziabad Development Authority challenging Orders of the National Consumer Disputes Redressal Commission, granting to Complainants, interest at the rate of 18% per annum irrespective of the fact of each case. This Court has, in the case of Ghaziabad Development Authority v. Balbir Singh : AIR2004SC2141 , deprecated this practice. This Court has held that interest at the rate of 18% cannot be granted in all cases irrespective of the facts of the case. This Court has held that the Consumer Forums could grant damages/compensation for mental agony/harassment where it finds misfeasance in public office. This Court has held that such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury and must co-relate with the amount of loss or injury. This Court has...
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2004)CPJ11(SC); JT2004(8)SC42; 2004(7)SCALE347; (2005)9SCC499
S.N. Variava, J. 1. Before this Court a large number of Appeals have been filed by the Haryana Urban Development Authority and/or the Ghaziabad Development Authority challenging Orders of the National Consumer Disputes Redressal Commission, granting to Complainants, interest at the rate of 18% per annum irrespective of the fact of each case. This Court has, in the case of Ghaziabad Development Authority v. Balbir Singh : AIR2004SC2141 , deprecated this practice. This Court has held that interest at the rate of 18% cannot be granted in all cases irrespective of the facts of the case. This Court has held that the Consumer Forums could grant damages/compensation for mental agony/harassment where it finds misfeasance in public office. This Court has held that such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury and must co-relate with the amount of loss or injury. This Court has held that the Forum or the Commission thus...
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