Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Quid pro quo - Relationship of trade off/quid pro quo between the OP and deceased - Which would amount to a consideration - Attracting the provision of Section 2(1(d)(ii) of CP Act...........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Post Office Act, 1898, Section 6 -- Postal service - Speed post parcel - Not reaching destination - The respondent has not made any allegation of fraud or willful neglect or willful default on the part of any of officials of the appellants - The exemption of Section 6 of the 1898 Act shall apply to the appellants -..........
Industrial Disputes Act, 1947, Section 17 -- B - Requisites of Section 17 B - Satisfaction of four conditions enumerated...........
Industrial Disputes Act, 1947, Section 17B -- Certificate produced by management showing gainful employment by respondent - workman for some time during pendency of dispute - Held that on the ground that employment after termination from July, 2001 to March 2003 was not disclosed, the relief under Section 17B of the ID Act cannot be denied - The petitioner directed to pay..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial purpose - Housing - Purchase of 5 dwelling units by complainant - company from OP No. 6 - Alleged service for providing two dwelling units at a cost of Rs. 46,65,000/ - by OP No. 6 is not for earning livelihood by means of self - employment by the complainant - company - The transaction is..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 135 , 152 -- Electricity theft - Compounding notice - On the basis of checking report - No 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 taking it..........
Criminal Procedure Code, 1973, Section 437 -- Fresh bail application - Bail obtained at stage of investigation u/ss 420, 504, 506 IPC - Subsequently summoning order issued u/ss 307/34, 420, 504, 506 IPC - Without surrender prayer for bail in the newly added section cannot be considered...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Quantum dispute - Surveyors report - It has to be given due weightage - Since the case involves the quantum dispute, which involves a detailed investigation, which cannot be dealt in the summary proceedings under the CP Act - The petitioner shall be free to either..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Constitutionality - Provision of S.13-B is mandatory - If a statue causes hardship same cannot be declared ultra vires - Object of the statute has to be seen - Court while interpreting the statutory provisions would not add or subtract the words from the section nor would it give meaning to the language..........
Consumer Protection Act, 1986, Section 11(2)(a) -- Territorial jurisdiction - Insurance claim - Regional office of the appellant company situated at Ludhiana - Under Section 11(2)(a) of the Act complaint held maintainable where branch office of the appellant Company is situated though the insurance policy has been issued by its branch at some other place. (para 12)..........
