Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Security deposit - Non - refund of - Education - Five year law Course - Migration - No objection certificate - Issuance of - Respondent on that basis admitted in University college - Non refund of security and demand of further fee for leaving the institute without completing the 5 years course -..........
Civil Procedure Code, 1908, Order 18, Rule 2, Evidence Act, 1872, Section 3, 5 -- Evidence contrary to pleadings - When what is pleaded is not proved, or what is stated in evidence is contrary to pleadings, the dictum that no amount of evidence, contrary to pleadings, howsoever cogent, can be relied on, will apply...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Definition - Consists of three parts - Main, inclusionary and exclusionary part - Main part is explanatory in nature and defines `decree' as formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy - Inclusionary part expressly..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Repudiation - There was no contract of the complainant with the Insurance Company on the date of robbery with respect to the insured car the policy of which was purchased by the previous owner 'K' - Section 157 of the MV Act applies to third party risks not..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Contract Act, 1872, Section 151 -- Bonded warehouse - Deficiency in service - Vis major - Defense as to - Compensation - Awaiting clearance from the Customs authorities imported machinery stored in bonded warehouse of the OP - CWC - The consignment in question was kept in open adjacent to a place where heavy rolls..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(g) -- Consumer - Bonded warehouse - Warehouse services - OP - CWC is the creature of Statute and had established a bonded warehouse for staking consignment till its clearance by Customs Authorities and it was receiving charges for the storage of such consignment - The OP squarely falls within the definition of 'service..........
Arms Act, 1959, Section 2(1) -- Prohibited arm - Meaning - Prohibited Arms means fire-arms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged unless pressure is removed from the trigger or the magazine containing the missiles is emptied...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial purpose - Banking service - Withdrawal of amount from account on the basis of stolen cheques - Deficiency in service - The entire matter in the complaint filed by complainant relates to operation of a bank account maintained by a commercial organization for a commercial purpose - The complaint will..........
Industrial Disputes Act, 1947, Section 2(oo) -- Retrenchment - The petitioner was engaged on Muster - Roll and the specific period of last engagement of the petitioner completed on 20.2.1989 - Thereafter she was not engaged on Muster - Roll as the land acquisition papers of the project were completed - It cannot be said that the petitioner was retrenched - Section 25F of..........
Hire Purchase Act, 1972, Section 2(c) -- Hire purchase agreement - Loan agreement - Determination of - Held, hire-purchase agreement is one under which an owner hires goods to a hirer, giving hirer an option to purchase goods - On other hand, when a person borrows money and pays it to vendor, transaction between customer and lender will be a loan transaction, in a..........
