Consumer Protection Act, 2019, Section 67 -- Appeal to Supreme Court - Onerous condition of payment of 50% of the amount awarded by National Commission - Not applicable to complaints filed prior to commencement of 2019 Act...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Theft of vehicle - Delay in informing Insurance Company - Repudiation of claim on ground of delay by Insurance Company - When complainant had lodged FIR immediately after the theft of vehicle and police after investigation arrested the accused and filed challan and when claim of insured is found to be genuine,..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Appeal against - Accused/appellant committed rape on 7 year old girl caused her death and dumped dead body near bridge - Victim was last seen in company of accused and was then went missing - Also recovery of dead body..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Penetrative sexual assault - Accused penetrated his finger in the vagina of the victim girl and because of that she felt pain and irritation in urination as well as pain in her body - There was redness and swelling around vagina found by doctor - Case of..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Penetrative sexual assault - Reduction of sentence - Accused was aged approximately 65 years of age at the time of commission of offence - He was neighbour of victim girl and took advantage of absence of her parents committed aggravated penetrative sexual..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Rotting of potatoes stored in Cold storage - Policy applicable clearly provides that insurer would not be liable for any damage if temperature in Refrigeration chambers does not exceed 400 F - Surveyor's report indicates that temperature never exceeded 400 F, which was also accepted by appellants..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Requirement of leading detailed evidence could not be a ground to shut the doors of any forum created under the Act like Consumer Protection Act - The anvil on which entertainability of a complaint by a forum under the Act is to be determined, is whether the questions, though complicated they may be, are..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Revisional jurisdiction of National Commission u/s 21(b) of the Act is extremely limited - It should be exercised only when it appears to National Commission that State Commission had exercised a jurisdiction not vested in it by law, or had failed to exercise jurisdiction so vested, or had acted in the exercise of..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - National Commission itself had exceeded its revisional jurisdiction by calling for report from Bank and solely relying upon such report had come to conclusion that two fora below had erred in not undertaking requisite in-depth appraisal of case that was required - However, both State Commission as well as consumer..........
Indian Penal Code, 1860, Section 53, 363, 366A, 364, 346, 376D, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(g)(m), 6 -- Kidnapping, rape and murder of 11 years old girl - Death sentence - Gravity of crime was taken into consideration while imposing death sentence - Mitigating circumstances and probability of reformation and..........
