Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(1), Evidence Act, 1872, Section 35 -- Murder - Accused claiming himself to be juvenile - Accused led evidence in support of his juvenility - Held, hyper technical approach should not be adopted while evaluating evidence adduced on behalf of accused in support of his juvenility - If two views are..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- LPG - Defective cooking gas cylinder - There was leakage of gas and a fire in the house of the complainant which caused severe burn injuries to wife of the appellant as well as to daughter of the appellant - Wife of appellant died of burn injuries and daughter of the appellant had to undergo prolonged treatment as..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Financial service - Loan - Non release of - Appellant not releasing balance installments and recalled the loan - From the very inception complainant defaulted in his dealing with the appellant corporation when his cheque in the sum of Rs. 30,000/ - got dishonoured - That apart persistent defaults in discharging..........
Consumer Protection Act, 1986, Section 2(d), 2(g) -- Respondent got admission in BDS College run by appellant after paying admission fee - Subsequently found that the college was not recognized and respondent had to withdraw admission - It caused inconvenience and mental harassment and loss of academic year - Appellant deficient in service - Appellant directed to refund..........
Forest Act (Kerala), 1962, Section 61A, 2(f), 52 -- Confiscation of vehicle - Logs carried in vehicle were cut and removed from a tree situated in a land presumably a forest but assigned and patta issued with restrictions in cutting and removing of such trees - Held, such trees belong to govt. and the persons in whose favour assignment has been made over such land had no..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(viii) -- Shamlat Deh vesting in Panchayat - Ejectment order passed against petitioners u/s 7 of the Act, which order attained finality - Petitioners filed petition u/s 13(a) of the Act, praying for declaration that land in dispute does not vest in Gram Panchayat as it is recorded in individual cultivating..........
Consumer Protection Act, 1986, Section 2(1)(d), Factories Act, 1948, Section 2(m) -- Consumer - Commercial purpose - Factory - Manufacturing process - Industrial plot - Applied for establishment of factory - A plain reading of provisions of Factories Act section 2(k) and 2(m) make it clear that the intention of the respondent - complainant is for from earning any..........
Dowry Prohibition Act, 1961, Section 2, 4, Indian Penal Code, 1860, Section 304B -- Dowry - Meaning - Not restricted to agreement or demand for payment of dowry before and at the time of marriage but even include subsequent demands - Where husband demands a specific sum from father-in-law and on demand being not met harasses and tortures the wife and wife dies after some..........
Dowry Prohibition Act, 1961, Section 2, 4, Indian Penal Code, 1860, Section 304B -- Dowry - Should be of any property or valuable given or agreed to be given in connection with the marriage - The customary payment in connection with birth of a child or other ceremonies are not covered within the ambit of word `dowry' - Furnishing of a list of ornaments and other household..........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 45 -- Insurance claim - Opinion by expert - Section 45 of the Evidence Act empowers the court, in order to form opinion upon a point of foreign law or of science or of art, or as to identity of handwriting or finger impressions, to rely upon the opinions of person specially skilled in such matters..........
