Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Complaint filed by insured has no close or direct nexus with profits generating activity and claim of insurance is to indemnify loss which insured had suffered and thus, insured is a consumer u/s 2(1)(d) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial entity availing its services by insurance company is a "consumer" in reference to the transaction in terms of S.2(1)(d) of the Act...........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay in allotment of flats - Compensation - Dispute between developer and Housing Board over delay of allotment of flats - Arbitrator specifically directed in its award that any amount payable on account of refund, interest or compensation when finally determined by National Commission/Supreme Court would..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 57(3) -- Adoption of child - Adoption cannot be denied on the ground that prospective parent is a single lady and a divorcee and she being a working lady will not be able to give personal attention to the child - Single or divorced person is eligible for taking a child in adoption...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape - Prima facie or reasonable ground to believe that accused has committed offence of rape upon prosecutrix - Offence in question is grave by its nature - Prosecutrix during in her deposition before trial Court not..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Merely because provisions under Guardians and Wards Act are specialized provisions in regard to custody and guardianship of children, that does not mean that S.26 of Hindu Marriage Act does not have application, particularly when proceedings under Hindu Marriage Act is pending before Family Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27, 1 -- Proceedings u/s 12 of the Act - Jurisdiction - Domestic violence caused on foreign soil - Cognizance can be taken by invoking S.27(1)(a) and (b) of the Act - Provisions of S.27(1) (a) and (b) are applicable irrespective of the place of cause of action - Clause (a) and (b) of S.27(1) of the Act has..........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Juvenile Justice Act, 2000, Section 2(g), 52, Juvenile Justice (Care, Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Session Judge set aside the order of Board by which petitioner was held juvenile - School first attended or the date of birth mentioned in the metric are to be considered in either case - Petitioner was a juvenile on the date of incident, - Thus,..........
