Insolvency and Bankruptcy Code, 2016, Section 5(20), 3(23) -- Operational creditor - Trade Union is an entity established under Trade Unions Act, therefore fall within definition of `person' u/s 3(23) of the Act - It represents its members who are workers, to whom dues may be owned for services rendered by each individual workman, who are collectively represented by trade..........
Consumer Protection Act, 1986, Section 23 -- Allotment of flat - Delay in construction of allotted flat - Demand of escalated cost - Appellant granted interest to all allottees including respondent on money deposited based on size of flats in pursuance of its own decision - This has been granted despite of specific covenant contained in letter of allotment that no interest..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Property of mother - Cancellation of gift deed in favour of daughter - Mother contended that she was forced to execute gift deed in question and was deprived of property in question - However, there is no assertion in the complaint that mother was unaware of contents of documents executed by..........
Consumer Protection Act, 1986, Section 23 -- Accident - Insurance claim - Accident benefit cover - Assured died as a result of a heart attack which was not attributed to accident - No evidence to show that any bodily injuries were suffered due to fall from motorcycle or that they led to assured suffering a heart attack - Even there is no evidence to show that accident took..........
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 1, Rule 9 -- Withdrawal of suit - Formal defect - Omission to implead a necessary party - Not a formal defect within meaning of O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Mere statement by plaintiffs that there is formal defect in plaint and form of suit is not sufficient...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Mediclaim policy - Repudiation - Documentary evidence regarding non disclosure of rheumatic heart disease since childhood - Repudiation of policy was in terms of exclusions contained in the policy - Failure of insured to disclose past history of cardiovascular disease is a good ground for repudiation...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance to widowed daughter-in-law - Daughter-in-law along with her minor daughter continued to stay with her i, laws/petitioners even for some period after death of her husband - She was subjected to domestic violence at the hands of petitioners - House where petitioners are now residing..........
Consumer Protection Act, 1986, Section 23, 12 -- Insurance claim - Theft - Terms of exclusion in a policy - Not made known to the insured - If those conditions were not made known to insured, as is concurrent finding, there was no occasion for National Commission to render a decision on effect of such an exclusion - Order of National Commission set aside - Order passed by..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 23, 29, 60, 61 -- Bail - Offence u/ss 8, 21, 23, 29, 60, 61 - Recovery of about 2 kgs of heroin from the fields of co-accused and after his arrest he named petitioner as one of the members of the gang - Apart from disclosure statement, there is no other evidence..........
