Tuesday, 8 January 2019

Consumer Protection Act, 1986, S.12—Housing—Delay in Delivering Possession—Subsequent purchaser is entitled to maintain complaint against builder for delay in delivery of possession of flat.

ALOK VERMA, CBI DIRECTOR Case--Contention of the Attorney General that the action against Verma cannot be regarded as "transfer" or "removal", as he was merely taken off charge, Repelled by court. "the term 'transfer', as used in section 4B of the DSPE Act, cannot be understood in its traditional sense and must be interpreted as including actions which impact the functioning of the CBI Director - held that the word "transfer" has to be understood as encompassing all acts which affect the independent functioning of CBI Director" Further Held "Vineet Narain and others vs. Union of India and another, (1998) 1 SCC 226 case cannot be disregarded, and the subsequent enactment of the CVC Act, introducing amendments to the DSPE Act, in pursuance of the 1997 judgment was with the object of ensuring absolute insulation of the CBI Director."

Consumer Protection Act, 1986, S.12~Consumer Complaint—Class Action--Notice--For filing 'Class Action' complaint u/s 12(l)(c) of the 1986 Act notice under 0.1 R.8(2) CPC is mandatory-Civil Procedure Code, 1908, 0.1R.8.

sclaw.in

Sunday, 6 January 2019

Non­compoundable offence - Quashing of criminal proceedings on the ground that the accused and the original Complainant have settled the dispute amicably - Despite any settlement between the Complainant on the one hand and the accused on the other, the criminal proceedings for the offences under Section 307 of the IPC cannot be quashed, as the offence under Section 307 IPC is not compoundable offence

Appeal—Remand of Case—High Court only with the narration of facts dismissed the appeal without examining the evidence of each prosecution witnesses on issues arising in appeal—Matter remanded back

Murder—Death Sentence—Minor girl raped and murdered—Appellant had no criminal antecedents prior to commission of this crime and his post incarceration conduct suggests the possibility of his reform—Death sentence commuted to life sentence

Murder—Appeal against Acquittal—Perversity in the judgment of the trial court has to be demonstrated by the High Court for interfering with the judgment of the trial court

Witness Protection Scheme—Scheme as prepared by Union of India approved by SC and shall come into force with immediate effect Witness Protection Scheme--Vulnerable Witness Deposition Complexes—Directions issued to State and Union Territories to set up such complexes in all the district Courts in India by the end of the year 2019.

Civil Procedure Code, 1908, O.21 R.66--Auction Sale—Setting aside of- -Inadequate Publicity—Authorities committed error in not giving adequate publicity in leading newspaper keeping in view, the value and the potentiality of the land—Directions issued to re-auction the land in question by giving wide publicity in various leading national newspapers having circulation all over India

Insolvency and Bankruptcy Code, 2016—Applicability of Code—Provision of I&B Code cannot be invoked in respect of an operational debt where an Arbitral award has been passed against the operational debtor, which has not yet been finally adjudicated upon.