Criminal Procedure Code, 1973, Section 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44, National Investigation Agency Act, 2008, Section 17 -- Object of S.44 UAPA, S.17 NIA Act and S.173(6) Cr.P.C. is to safeguard witnesses - They are in the nature of statutory witness protection - On Court being satisfied that the disclosure of the address and name of..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - If a person buys goods for commercial purpose or avails services for commercial purpose, though ordinarily he would have been out of ambit of term `consumer' by virtue of Explanation, which is common to both Ss.2(1)(d)(i) and 2(1)(d)(ii) of the Act - However, he would still come within ambit of term `consumer',..........
Consumer Protection Act, 1986, Section 2(1)(e) -- Consumer Dispute - Act provides for `business-to-consumer' disputes and not `business-to-business' disputes...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Appellant had opened an account with respondent Bank, took overdraft facility to expand his business profits - Relations between appellant and respondent is purely `business to business' relationship - Transactions will clearly come within ambit of `commercial purpose' - It cannot be said that services were..........
Consumer Protection Act, 1986, Section 2(c) -- Complaint - Cannot be returned unadjudicated with liberty to file fresh complaint as complaint can be filed within period of limitation and once period of limitation expires, complainant cannot file second complaint...........
Consumer Protection Act, 1986, Section 2(c) -- Consumer complaint - Striking of surveyor from array of parties - Would not make complaint disjoined as it is duty of NCDRC to strike of unnecessary party...........
Consumer Protection Act, 1986, Section 2(c) -- Consumer complaint - Impleadment of a necessary party - Appellant made allegations against Surveyor and loss assessor - Therefore, opportunity be given to such person to rebut the allegations - Surveyor and loss assessor is in fact a necessary party - However, it is upon Surveyor to appear or not to appear before NCDRC - Order..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Cancellation of bail granted in an offence u/s 376 IPC and S.6 of POCSO Act - Where victim is minor, grounds of love affair between parties and refusal to marry are circumstances which will have no bearing for grant of..........
Criminal Procedure Code, 1973, Section 438 -- Item No.22 in the list of Constitution Scheduled Caste and Scheduled Tribe Order amendment Act 1976 - Grant of bail - Applicability - State issued notification by which Petitioners were constrained to seek anticipatory bail on the ground that they come under provisions of 1989 Act - Lohar is not same as Lohara - Including..........
Consumer Protection Act, 1986, Section 11, Telegraph Act, 1885, Section 7B -- Jurisdiction of Consumer Forum - Dispute between Telecom company and consumer - Existence of an arbitral remedy will not oust jurisdiction of consumer forum - District Forum thus, has jurisdiction to entertain and try consumer complaint regarding dispute between Telecom company and consumer...........
