Hindu Marriage Act, 1955, Section 2 -- Marriage between two Hindus performed within territory of Goa - Contention that marriage performed within the territory of Goa unless registered should be void - Contention not tenable - Two Hindus can perform a marriage according to Hindu religious rites or by way of a civil marriage...........
Criminal Procedure Code, 1973, Section 2(n), 3(38) -- Offence - Meaning - Offence means `an act or instance of offending', `commit an illegal act' and illegal means, `contrary to or forbidden by law'- 'Offence' has to be read and understood in the context as it has been prescribed under the provisions of Sections 40, 41 and 42 IPC which cover the offences punishable under..........
Criminal Procedure Code, 1973, Section 2(d), 195 -- Word `complaint' in S.195 of the Code - Meaning - Challan filed by CBI u/ss 177 and 181 of IPC on receiving information of somebody - Held, challan would not partake the character of complaint as provided u/s 2 (d) of Code because it does not include police report - Complaint must be oral or in writing to a Magistrate...........
Industrial Disputes Act, 1947, Section 2(oo), 25 -- Termination - Delayed demand notice - Petitioner/workman failed to prove that he had completed more than 240 days in the 12 preceding months with the respondent/Management from the date of termination - Petitioner - workman had also failed to proved that unfair labour practice was invoked by the respondent/Management to..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii), 2(1)(o) -- Consumer - Service - AIIMS - Plea that AIIMS does not charge any fee/service charge for providing its services and facilities and whatever charges is only towards the actual cost of the consumables etc. hence it is not a `service provider' within the meaning of Section 2(1)(o) of the Act and the complainant is..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation - Doctor in Department of Pathology wrongly diagnosed her right breast lump as showing a well distinguished Carcinoma though, in fact, later report showed that there was no evidence of Carcinoma - Appellant held negligent on two counts viz. having rendered an incorrect/wrong..........
Motor Vehicles act, 1988, Section 99, 100, 104, 2(38) -- Stage carriage permit - Granted to private operators as well as STU - Private operators claim regular permits granted to STU on ground of non use of same by STU - Denial of claim of applicants justified - When STU does not operate the service, it should be deemed that no application for permit has been made by such..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation - Allegation of misdiagnosing disease as Guillain Barre Syndrome (GBS) instead of Cervical spondylosis myelopathy (CSM) - Allegation that GBS was a mis - diagnosis or that the treatment was inappropriate neither supported by facts of the case nor the standard medical literature -..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Application for allotment of plot/house - Prospective investor - Not a consumer merely on submission of application for allotment till allotment is made in his favour - Not eligible to claim compensation under the provisions of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 2(11), 14(2) -- Insurance claim - Repudiation - Driving licence - The driver of the vehicle was having driving licence to authorize him to drive a light motor vehicle where as at the time of accident he was driving a transport vehicle gross weight of which was 8700 kgs. - There was no..........
