Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 36B, Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction u/s 8/15 NDPS Act - S.36-B of NDPS Act empowers the High Court to deal with the appeal and dispose of the same and exercise all powers conferred by Chapter XXIX and Section 374 Cr.P.C. - When view taken either by Session Judge or..........
All India Institute of Medical Sciences (Amendment) Act, 2007, Section 11(1A) -- Proviso - Constitutional validity - Proviso declared that any person holding office as a Director immediately before the commencement of this amendment shall so far as his appointment is inconsistent with the provisions of this sub-section ceases to hold office on such commencement as such..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Provision of S.4 is not retrospective in operation and does not apply to pending suits already filed prior to coming into force of Section 4 of the Act...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Insurance claim - Janata Personal Accident Policy - GTFS though may be technically registered as the insured vis - a - vis the Insurance Company the consideration did not flow from its pocket and the deceased husband of the respondent No. 1 was the person who paid the consideration money which ultimately was..........
Medical negligence -- Delivery of child - Doctor advised caesarean section at 10 a.m. which was refused - The failure of the child to descend ruptured membrane and prolonged labour made the deceased a high risk patient - Operation was a medical necessity - The deceased developed infection, a complication of surgery, especially when the amnionic sac has ruptured - If one of..........
Consumer Protection Act, 1986, Section 3, Electricity Act, 2003, Section 173 , 174 -- Additional remedy - Jurisdictional bar - Theft of energy - From the evidence adduced on record it is not established that the complaint was indulging in committing theft of energy during the inspection of the meter carried out by the officials of the OP - The question of ousting the..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 152 -- Electricity theft - The procedure adopted by the Assessing Officer has taken away the rights of the complainant of fair opportunity of hearing and to participate in the assessment of theft of energy made against her and compounding proceedings taken on the basis of the checking report -..........
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..........
