Consumer Law – Appeal and Limitation – Appeal filed by National Insurance Co. Ltd. against order of District Consumer Disputes Redressal Commission – Appeal filed with a delay of 36 days – Application for condonation of delay dismissed due to lack of sufficient cause – Delay attributed to procedural reasons not justified [Paras 1-24].
Limitation and Suffi...
Condonation of Delay – Jurisdiction of Appellate Authority – Petition filed under Article 226 challenging the Appellate Authority's refusal to condone delay in filing the appeal – Held, Limitation Act provisions not applicable to quasi-judicial authorities unless expressly provided – Appellate Authority correctly held it lacked jurisdiction to condone delay – Peti...
Consumer Law – Delay in Filing Appeal – Condonation Denied – Appeal by Delhi Development Authority (DDA) against the order of the District Consumer Disputes Redressal Commission dismissed due to inordinate delay of 643 days. The delay attributed to bureaucratic procedural delays and multiple proceedings concerning the same property. The Commission highlighted that ‘sufficie...
Arbitration – Appointment of Arbitrator – The applicants sought the appointment of a neutral arbitrator, challenging the named arbitrator's eligibility on the grounds of a professional relationship with the respondent. The court held that an arbitrator's ineligibility under Section 12(5) of the Act, read with the Seventh Schedule, terminates the mandate of the arbitrator, and t...
Commissions of Inquiry – Continuation and Cessation – The court addressed the procedural aspects concerning the cessation of a Commission of Inquiry under Section 7 of the Commissions of Inquiry Act, 1952. The court held that the mere expiration of the Commission’s term does not automatically imply cessation. A formal notification specifying the cessation of the Commission is man...
Election Spending Limits – Violation under Sections 77 and 123(6) of R.P. Act – Petition Dismissed – The petitioner challenged the returned candidate’s election, alleging that his campaign expenditure exceeded the legal limit, constituting a corrupt practice. Held: To prove corrupt practices, the petitioner must demonstrate expenses exceeding the statutory limit beyond a re...
Simultaneous Proceedings – Departmental and Criminal – The court reiterated the principle that departmental proceedings and criminal trials can proceed simultaneously, as there is no legal bar for both to be conducted at the same time. The primary consideration is whether the departmental proceedings should be stayed to avoid prejudice to the defense in the criminal case. This is parti...
Administrative Law – Handover of Sites – Failure of Respondent Authorities to Provide Clear and Hindrance-Free Sites for Toll Booth Installation – Petitioner faced resistance from local authorities and public, impacting operations – Court directed recalculation of annual fees proportionately based on the actual number of operational toll booths – No coercive steps unt...
Winding Up – Execution of Decree – Permission to Proceed – Application for permission to execute a decree obtained from Madras High Court against a company undergoing winding up – Petitioner granted leave to continue suit previously – Execution sought amidst objection of Official Liquidator citing lack of funds and priorities of secured creditors – Court held ex...
Issuance of Summons – Section 81 of TNVAT Act – Summons issued to petitioners to produce various financial and transactional documents for detailed scrutiny – Petitioners argued that such summons under Rule 16(1) applies only to third parties, not to assesses – Court rejected this contention, clarifying that Section 81 empowers issuance of summons to any person, including a...