Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Mere act of purchasing immovable property, even multiple units, cannot ipso facto attract exclusion clause of S.2(1)(d) of the Act unless and until it is proved that dominant purpose behind such purchase was commercial in nature - In absence of such proof, appellants cannot be excluded from definition of consumer..........
Hindu Marriage Act, 1955, Section 2(2) -- Applicability of Act - Act by virtue of express exclusion u/s 2(2) of the Act does not apply to petitioner who belongs to a Scheduled Tribe in the absence of a Central Government notification extending its applicability...........
Service -- Recruitment of pharmacist - Minimum qualification - Prescription of eligibility criteria of 10+2 with Diploma in Pharmacy by State cannot be said to be arbitrary or irrational - There is no absolute exclusion of graduate or postgraduate degree holders - They remain eligible, provided they possess essential qualification of Diploma in Pharmacy - No..........
Will -- Executed in favour of eight siblings to the exclusion of plaintiff - Testator was of sound disposing state of mind at the time of execution of Will - There is a reason stated for such exclusion of plaintiff in Will - Plaintiff is found to have no partible claim over properties of her father, which by a Will have been bequeathed to other siblings of plaintiff -..........
Insurance contracts -- In case of insurance contracts, exclusion clause must be construed strictly and wherever there is any ambiguity between two or more clauses in contract, it must be interpreted in favour of insured...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Insurance claim - Repudiation - Fire took place in the factory of appellant which caused a huge loss to appellant - Loss occurred on account of transformer being set ablaze and fire could not be controlled for about 6 hours - On the intervening night some miscreants entered the factory and committed burglary..........
Insurance -- An exclusion clause in the policy is to be construed in a manner that it does not defeat main purpose of contract and could even be read down to serve the main purpose of policy that is to indemnify policy holder...........
Limitation Act, 1963, Section 14(2) -- Exclusion of time u/s 14(2) of the Act - Applicability to execution petition - S.14(2) of the Act is applicable to execution proceedings, as though provision employs the expression "application", but S.2(b) of Limitation Act defines "application" to include a petition, hence, an execution petition would fall within its ambit...........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Where earlier proceeding was filed on last day of limitation and was returned for presentation before proper Court, litigant would not have any further time available for such presentation - Therefore, while calculating period of limitation in such circumstances, entire period during which first..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - S.14 of the Act does not extend to a case where Court which possesses jurisdiction erroneously declines to entertain proceeding on a mistaken perception or wrong application of legal principles - In such a situation, remedy available to aggrieved party lies elsewhere by way of a challenge before..........
