STATE OF KARNATAKA versus PARAMJIT SINGH AND ORS.

STATE OF KARNATAKA versus PARAMJIT SINGH AND ORS.

In view of the amendments effective from 15.3.2003, including deletion of the proviso and conferment of powers of Judicial Magistrate First Class to the Consumer Forums and Commissions, the constitutional controversy regarding Section 27 has become academic, and the appeals are disposed of.

Parties
Appellant: State of Karnataka; Appellant: Union of India; Respondent: Paramjit Singh and Ors.
Jurisdiction
India
Judgment Date
02 March 2006
Procedural Posture
Civil Appeal / Final Appellate Disposition
Outcome
appeals disposed of
Legal Topics
Section 27 of Consumer Protection Act, Constitutionality of Penal Provisions, Procedure for Punishment
Constitutional Law Consumer Protection Section 27 of Consumer Protection Act Constitutionality of Penal Provisions Procedure for Punishment

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Parties

State of Karnataka

Appellant

Union of India

Appellant

Paramjit Singh and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Appellate Disposition

Legal Issues

  1. 1 Whether the proviso to Section 27 of the Consumer Protection Act, 1986, is unconstitutional for lack of procedure.
  2. 2 Whether striking down the proviso affects the validity of the main provision of Section 27.

Ratio Decidendi

In view of the amendments effective from 15.3.2003, including deletion of the proviso and conferment of powers of Judicial Magistrate First Class to the Consumer Forums and Commissions, the constitutional controversy regarding Section 27 has become academic, and the appeals are disposed of.

Court Disposition

appeals disposed of

Orders

  • Appeals disposed of without any order as to costs.