Consumer Protection Act, 1986, Section 2(1)(g) -- General Clauses Act, 1897, Section 27 - Presumption as to service - Bank guarantee - Invocation of by petitioner - Non payment of by respondent Bank - Plea that letter sent through Registered Post invoking Bank guarantee not received by the respondent Bank - Petitioner did not file Acknowledgement Due Receipt -Affidavit of..........
Benami Transactions (Prohibition) Act, 1988, Section 2, 3 -- Benami - Person purchasing property is presumed to be its owner - Presumption can be displaced by proving that the document was taken benami in the name of another person for some reason and the person whose name appears in the document is not the real owner but only a benami - Heavy burden lies on the person who..........
Benami Transactions (Prohibition) Act, 1988, Section 2, 3 -- Benami - Burden to prove - Lies on the person who alleges the transaction to be benami - The essence of a benami transaction is the intention of the party or parties concerned and often, such intention is shrouded in a thick veil which cannot be easily pierced through - Such difficulties do not relieve the person..........
Benami Transactions (Prohibition) Act, 1988, Section 2, 3 -- Benami - Source from where the purchase money came and the motive why the property was purchased benami are by far the most important tests for determining whether the sale standing in the name of one person, is in reality for the benefit of another...........
Benami Transactions (Prohibition) Act, 1988, Section 2, 3 -- Benami - Guiding factors : (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any, for giving the transaction a benami colour; (4) the position of the parties and the relationship, if any, between the claimant and the alleged..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 64VB (1) and (2) - Insurance claim - Cheque for premium amount did not reach respondent Insurance Company - Liability for payment of the amount claimed cannot be legally fastened on respondent No.1 on the basis of cover note...........
Consumer Protection Act, 1986, Section 2(1)(c) -- Locus standi - Tata Sumo hypothecated by petitioner with respondent Bank to secure re-payment of the loan advanced - It was repossessed by respondent Bank and sold -Held that as the ownership of vehicle vested with respondent Bank the petitioner did not have locus standi to file complaint. (Pars 7)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 2(xi), 2(xx) -- Narcotic drug - Manufactured drug coming to 16% thereof - Held, any mixture of narcotic drug with any other substance whatever be the purity also comes within S.21 - Rate of purity is irrelevant...........
Civil Procedure Code, 1908, Order 21, Rule 90, Uttar Pradesh Debt Relief Act, 1977, Section 2(11) -- Auction sale in execution proceeding - Objections - Petitioner's plea as to he being small farmer under U.P. Debt Relief Act and decree cannot be executed against him - Fact that question as to whether petitioner is a `small farmer' have not been adjudicated upon -..........
Civil Procedure Code, 1908, Order 16, Rule 2 -- Application for summoning witnesses after availing of many opportunities - Rejection of - Suit for possession - Defendant had not averred in written statement that lease was created by way of oral agreement in presence of two witnesses - Many chances were given to defendant to adduce evidence of said two witnesses - He had..........
