Industrial Disputes Act, 1947, Section 36(4) -- Authorised representative - Legal practitioner - Implied consent - The consent of the party must be specific and so has to be the leave of the Court - It should be at the beginning of the proceedings so that there remains no ambiguity in the status of the legal practitioner who appears after due consent and leave - Implied..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - A copy of a copy, which is not compared with the original, cannot be received as secondary evidence and such copy is inadmissible in evidence as per Illustration (d) of Section 63 of the Act - In the absence of material to that effect that a copy made from a copy has been so compared is not admissible...........
Haryana Municipalities Act, 1973, Section 3, Haryana Municipalities Act, 1973, Section 205, 208 -- Application for sanction of building plan not submitted in form prescribed u/s 3 of the Act - It cannot be taken as a valid application - Rejection of this application - Municipal Committee not supposed to convey decision within 60 days - Site plan would not be deemed to be..........
Industrial Disputes Act, 1947, Section 2(s) , 25F -- Workman - Part - time worker - Held would be covered within Section 2(s) of the Act - Entitled to protection u/s 25F of the ID Act...........
Copyright Act, 1957, Section 52(1)(i) -- Section 52 of the Act provides for certain acts which do not constitute an infringement of copy right - Appellate institute performed dance in respect whereof respondent had acquired copy right - Trial court granted injunction restraining appellant from performing dance - Held, if some performance or dance is carried out within the..........
Insurance policy -- Insurance claim - Money Changer Business - Not making of the payment to the complainant immediately on knowing that all the cheques have been dishonoured for any reason whatsoever including insufficient funds, leads to the inescapable conclusion that it was a pure and simple case of fraud played upon the complainant for which the complainant is entitled..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on Sapurdari - Should be given to the person who is prima facie owner - Owner means the person in whose name the motor vehicle stands registered. The legal position, therefore, is that the sapurdari of a vehicle in proceedings under Section 451 Cr.P.C. should be given to the person who is prima facie owner of..........
Consumer Protection Act, 1986, Section 2(1)(g), Bihar State Regulation of Cold Storage Act, 1992, Section 23 -- Electricity supply - Cold storage - Potatoes stored got rotten due to low voltage of electricity - Complainant has not taken insurance policy to cover damage caused to the stored potatoes as required by Section 23 of 1992 Act - OP has also no liability in term of..........
Industrial Disputes Act, 1947, Section 25F -- Termination - Punishment - Despite of notices being issued to him and thereafter publication calling upon him to re - join his place of posting, the workman failed to report despite all this - As there would be a case of punishment, it cannot be said that the provisions of Section 25F of the ID Act not complied with...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Telephone disconnection - On 13.8.1993 - Complaint filed in the year 2000 - No amount of correspondence or meeting will extend the period of limitation - District Forum erred in not dealing with this question - State Commission dealt it too perfunctorily - The complaint was clearly barred by limitation as provided..........