Consumer Protection Act, 1986, Section 2(1),(f) -- Jeep - Defect - Manufacturing defect - Expert evidence - The engine had not seized due to inherent defects but due to negligence of complainant - Later on radiator had leaked and also there were 1-2 minor defects but these were due to natural wear and tear of the jeep - In the absence of any expert evidence the claim..........
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 1 -- Withdrawal of suit without liberty to file a fresh suit - Does not constitute a decree - It does not preclude the defendant in second round of litigation raising the plea that sale deed was not true and valid...........
Civil Procedure Code, 1908, Section 47, Order 2, Rule 2 -- Execution - Objections - Second objection petition - Petitioner is precluded to raise objection which were not raised in an earlier objection petition...........
Prevention of Corruption Act, 1988, Section 2(1)(c), 13(1)(d), Indian Penal Code, 1860, Section 21, Electricity (Supply) Act, 1948, Section 81, 5, 12 -- Illegal gratification - Employee of Electricity Board - Can be prosecuted under the Prevention of Corruption Act as a person in the service or pay of the Government established by or under a Central, Provincial or State..........
Prevention of Corruption Act, 1988, Section 2(1)(c), 13(1)(d) -- An employee in the service or pay of Government established by or under a Central, Provincial or State Act comes within the purview of S.2(1)(c) of the Act...........
Uttar Pradesh Industrial Disputes Act, 1947, Section 2(g), 6N, Industrial Disputes Act, 1947, Section 11A -- Delayed reference - Relief - Industrial dispute raised after 18 years - It was obligatory on the part of the Labour Court to consider that the respondent was in employment for very short period - No findings that the respondent was in continuous service with in..........
Consumer Protection Act, 1986, Section 2(1),(g), Evidence Act, 1872, Section 108 -- Insurance claim - Missing insured - Presumption of death - Decree as to civil death passed in terms of Section 118 of the Evidence Act - Presumption of death has to be concluded from the date of commencement of proceedings i.e. on which date suit for declaration of civil death of insured..........
Consumer Protection Act, 1986, Section 2(1),(o) -- Service - Housing - Shop site - Auction purchase - Jurisdiction - Consumer Fora - The provisions of Section 2(1) (o) defines service and includes housing construction within its ambit - Where the complainant alleges deficiency in service on this account, the District Forum would have jurisdiction to try the complaint...........
Industrial Disputes Act, 1947, Section 2(j) -- Industry - Madya Pradesh Bhawan establishment in Delhi run by State of Madhya Pradesh - Respondent appointed on temporary basis from time to time with break in service - Findings of the Industrial Court that it was an industry - The legality of the Award not questioned by appellant - Findings so far as appellant attained..........
Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g), Clause (vii), (viii), 17(b) -- Loan for purchase of Tractor - Failure to pay loan - Suit for recovery by bank - Decreed - Execution - Objections filed by J.D. that execution is not maintainable in terms of sec. 17(b) - Accepted by Ld. Executing Court holding that the loan advanced by the bank is not price..........
