TARUN CHATTERJEE, ARIJIT PASAYAT
STATE OF KARNATAKA – Appellant
Versus
PARMJIT SINGH – Respondent
Arijit Pasayat, J.—Challenge in these appeals is to the judgment rendered by a Division Bench of the Karnataka High Court in a writ petition which was filed challenging validity of Section 27 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’). One of the two appeals is by the State of Karnataka and the other by the Union of India. The basis of the challenge was that the District and the State Commission and National Commission and the Forum created under the Act have been clothed with blanket powers to pass orders including an order of civil imprisonment for the breach that may be committed by the party against whom the order is passed under the Act. As Section 27 does not prescribe any procedure for trial and, therefore, it was prayed that it should be declared as unconstitutional, being violative of Article 21 of the Constitution of India, 1950 (in short ‘the Constitution’). The High Court held that an offence has been created without prescribing any procedure for the Forums or the Commissions created under the Act to impose the punishment provided in Section 27. Therefore, it was of the view that the proviso to Section 27, as it stood then, autho
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