Legal Reference Library

In VIJAYCHANDRA PRAKASH SHUKLA Versus STATE OF GUJARAT, the matter before the Hon'ble Gujarat High Court was the filling of a second complaint before the same P.S. for the same complaint. The said action was challenged before the Hon'ble court which held that the law has amply entrusted power with the investigating agency that even if after conclusion of investigation pursuant to filing of the first FIR and even after submission of report under section 173(2) of Cr.P.C., the officer in charge of Police Station comes across any further information pertaining to the same incident, he can make further investigation normally with the leave of the Court and forward further evidence, if collected, and therefore, for the allegation made in the second complaint filed by respondent No.2 before the very same Police Station, there need not be any fresh investigation or registering of a second FIR. In the light of aforesaid circumstances, if the test of ‘sameness’ is applied to find out ...

In INDIAN MACHINERY COMPANY Vs M/S. ANSAL HOUSING & CONSTRUCTION LTD., the Hon'ble Supreme Court stated that only question that has arisen in this appeal is whether a second complaint to the District Forum under the Consumer Protection Act, 1986 is maintainable when the first complaint was dismissed for default or non- prosecution. The National Commission has taken the view in the impugned order that the second complaint would not be maintainable. The Hon'ble court decided that there is no provision parallel to the provision contained in Order 9 Rule 9(1) CPC which contains a prohibition that if a suit is dismissed in default of the plaintiff under Order 9 Rule 8, a second suit on the same cause of action would not lie. That being so, the rule of prohibition contained in Order 9 Rule 9(1) CPC cannot be extended to the proceedings before the District Forum or the State Commission. The fact that the case was not decided on merits and was dismissed in default of non-appear...