Criminal Procedure Code, 1973, Section 438 -- Object - The object of the provision of S.438 IPC is to prevent undue harassment of the accused person by pre-trial arrest or detention - When conditions mentioned in the section are fulfilled, Court shall make an order that in the event of arrest the person shall be released on bail - Gravity of the offence is important factor..........
Consumer Protection Act, 1986, Section 2(1)(o) -- Employees Provident Funds and Misc. Provisions Act, 1952 - Employees Pension Scheme, 1995 - Employees Pension Scheme, 1971 - Service - Pension scheme - Regional Provident Fund Commissioner who is person responsible for working of the 1995 Pension Scheme must be held to be a 'service' giver within the meaning of Section..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Employees Provident Funds and Misc. Provisions Act, 1952 - Employees Pension Scheme, 1995 - Employees Pension Scheme, 1971 - Pension scheme - Consumer - By becoming a member of the Employees' Family Pension Scheme, 1971 and contributing to the same respondent was availing of the services rendered by the appellant for..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 56 -- Sales circular No. 27/96 - Electricity bill - Sundry charges - Demand made by OPs on the basis of objection raised by the Audit Party - OPs were duty bound to supply the necessary details of the audit report and to give a proper notice in terms of the Sales Circular which it has not..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - LCD projector - Purchased on 10.5.1998 - Plea that it was used for commercial purpose by respondent - complainant hence not consumer in terms of Section 2(1)(d) of the Act repelled - The purchased made prior to amendment Act of 2003, CMC held to be 'consumer' in terms of Sub - clause 2(1) of..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 135 , 152 -- Electricity theft - Compounding notice - On the basis of checking report - Not the case of the OP that when the notice in question was issued to the complainant, any criminal case was registered against him - Assessing Officer, at the first instance passed the order assessment..........
Consumer Protection Act, 1986, Section 2(1)(c) -- RBI Act, Section 45QA - Complaint - Maintainability - Depositors - Complainant depositors has not filed any application before the Company Law Board under Section 45QA of the RBI Act or has not received any notice from the CLB in the proceedings initiated by any other depositor or has not participated in the proceedings..........
Criminal Procedure Code, 1973, Section 482 -- Offence whether made out under a specific provision of law - Held, even if an offence is made out under just one section, no ground exists for quashing the criminal proceedings - It will have to be appreciated during trial as to what offences are made out in the facts of the case...........
Consumer Protection Act, 1986, Section 3, Electricity Act, 2003, Section 42(8) -- Jurisdiction - Consumer fora - Electricity consumer - Additional remedy - Section 42(8) of the Electricity Act of 2003 specifically provides that remedies conferred on consumer under sub - sections (5),(6) and (7) of Section 42 are without prejudice to the right which the consumer may have..........
Consumer Protection Act, 1986, Section 3, Electricity Act, 2003, Section 126 , 127 , 145 , 173 , 174 -- Jurisdiction - Consumer fora - Additional remedy - Electricity consumer - The words 'other authority' - In Section 145 would not include consumer fora...........
