Criminal Procedure Code, 1973, Section 53, 2(h) -- D.N.A. test - As accused can be medically examined as such it can extend to blood test also as part of investigation - Directing accused to undergo blood test does not amount to testimonial compulsion - Not violative of his right to life...........
Consumer Protection Act, 1986, Section 2(1),(g),(o) -- Service - Encumbrance certificate - Deficiency in service - Compensation - Issuance of Encumbrance Certificate by Registering Authority on payment fee without verifying the records - On account of the action of OP the complainant has been put to considerable loss, expenses, harassment and loss of prestige - Held that a..........
Consumer Protection Act, 1986, Section 2(1)(f) -- Electricity Act, 1910, Section 26(6) - Electricity bill -Allegedly excessive - The dispute between the two parties is pertaining to the disputed bills and defective nature of meter - The entire bill and the defective meter in question ordered to be referred to Electrical Inspector - The decision of Electrical Inspector will..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Housing - Deficiency in service - Compensation - The original scheme stayed by the Court - Complainant himself opted for allotment of land and not asked for refund of amount - No deficiency in rendering service - Complainant only entitled to interest on the deposited amount @ 18% p.a. - Not entitled to any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Separate electricity meter and water connection - No specific prayer to that effect in plaint - Plaintiff licencee in suit premises - Possession of plaintiff in suit premises not disputed - Relief of separate electricity meter and water connection granted on the basis of balance of convenience as..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Housing - Deficiency in service - Compensation - Interest rate - Where the interest is being awarded as and by way of compensation / damages, whilst so awarding, it must be shown that there is relationship between the amount awarded and the default/unjustifiable delay/harassment - Necessary that there be separate..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Housing - Deficiency in service - Refund - Interest - Effective date - Interest will be payable from the date the monies were deposited with the body till they are returned either by payment to that party or deposited in a court - In cases where compensation is directed to be paid by the Commission/Forum it must..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Housing - Deficiency in service - Interest rate - Refund - Law laid down with regard to payment of interest on refund and compensation by the Apex Court - Held that irrespective of this order, the authority will not be entitled to call upon the party to refund the amount which have already been paid @18%...........
Industrial Disputes Act, 1947, Section 2(s) -- Workman - Respondent working as Deputy Manager ( Engineering) in Tata Risk Management Service - He was highly educated a chartered engineer - The work of the employee was that of a highly qualified and specialized consultant - By no stretch of imagination respondent can be called a skilled workman doing manual or non-manual..........
Constitution of India, 1950, Article 226, Industrial Disputes Act, 1947, Section 2(s) -- Writ jurisdiction - Workman - Held that writ court should not normally interfere with a finding of fact arrived at by the learned Labour Court - Labour Court holding respondent employee as `workman' based on an incorrect appreciation of the law and facts - The question whether an..........
