Insurance claim -- Repudiation - Burglary in cloth shop - Though OP - Insurance Company repudiated the claim on the basis of the surveyor's report, the surveyor report is considered to be inconsistent in the face of bank's stock taking report - Surprising that the surveyor failed to locate any supplier when a big shop was running with merchandise worth lacs of rupees - The..........
Criminal Procedure Code, 1973, Section 436A -- Retrospective effect - Many cases registered against accused prior to the year 2005 - Accused in jail for 10 years - Held, that accused cannot be released u/s 436-A Cr.P.C. as this section has no retrospective operation - However, it was held hat accused can be released in individual cases in case he applies for bail...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Prosecution to prove that death was within seven years of marriage, otherwise than under normal circumstances and soon before her death she was maltreated in connection with the demand of dowry - Once it is so proved than presumption u/s 113-B Evidence Act operates that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 42, 43, 50 -- Accused found in possession of 4 Kg of opium - Recovery effected from accused at public place - Held, it is Section 43 and not Section 42 which is applicable - It was not necessary to record grounds of suspicion - Section 50 not applicable as recovery was not effected from the personal search..........
Industrial Disputes Act, 1947, Section 2(oo) , 12(3) , 25F -- Absence from duty - Settlement - Striking off name of workman - Compensation in lieu of reinstatement - Name of workman struck off for not reporting for duty beyond a period of 15 days - Provisions of Section 25F not complied with - Reinstatement with full back wages ordered by the Labour Court - Respondent -..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Post Office Act, 1898, Section 6 -- Postal service - Registered envelope - Non delivery of - Contained demand draft - Neither alleged nor established that there was willful act or default on the part of the Department - Even the legal notice sent by the complainant to the Department does not allege any 'wilful'..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - LIC Agent - Not a 'Consumer' within the meaning of Section 2(1)(d)(ii) of the CP Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 126 , 152 -- Electricity bill - Unauthorised use of electricity - Under the Electricity Act, in the case of alleged unauthorised use of electricity, procedure prescribed under Section 126 of the Act is required to be followed - If that procedure is not followed, it is to be highlighted that the..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Punitive damages - TV show - Sponsored programme - Prize money - Cell phone services - SMS service - OPs Star Plus TV and Airtel adopted deceptive practice and permitted offering of prizes by suppressing the fact that the prizes would be distributed out of the collection of amount through SMS -..........
Consumer Protection Act, 1986, Section 2(1)(r), Telecom Regulatory Authority of India Act, 1997, Section 14 , 27 -- Unfair trade practice - Cell phone service - Held that dispute is not between a telecommunication service provider and a group of consumer qua the service which are required to be rendered by that service provider - The dispute pertain to unfair trade..........
