Consumer Protection Act, 1986, Section 2(1)(g), Provident Fund Act, 1952, Section 10 -- Provident fund - Forfeiture of by employer Bank - Orders of the District Forum directing release of payment of Provident Fund with interest @ 8% p.a. upheld - Section 10 of the Act of 1952 debars all authorities including bank from attaching the provident fund of the employees be it for..........
Insurance Act, 1938, Section 64(3) -- Surveyor - Successive appointments - Practice of appointing surveyor after surveyor deprecated by the Commission - If complainant causing any obstructions or otherwise not co - operating even then Surveyors could not have been appointed without the approval of the Controller or the Authority under Sub section (3) of section 64UM of the..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - Findings of fact - Medical negligence - There is concurrent finding of fact returned by both the lower Fora relating to medical negligence on the part of the petitioner - No ground to interfere in exercise of revisional jurisdiction under Section 21(b) of the Act...........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - There is no strait jacket formula - Some of the illustrative but not exhaustive considerations are : balance of convenience or inconvenience to plaintiff or defendant or witnesses; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Loan obtained from bank for purchase of off set printing machine for self employment and purchased machinery - Complainant covered under definition given under Section 2(1)(d) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Carriers Act, 1865, Section 10 -- Carriers service - Notice of loss or injury - Notice to agent is sufficient, adequate and constructive notice to carriers for the purpose of Section 10 of the Carriers Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Carriers Act, 1865, Section 10 -- Carriers service - Notice of loss or injury - Driver of the carrier had made an endorsement on the reverse page of the document on 5.3.1998 to the effect that the goods booked in the box and box was found broken and goods were in damaged condition - Complaint filed on 1.4.1998 - Reply to the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Conviction can be maintained solely on the basis of a confession made under Section 67 of NDPS Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 106 -- Medical negligence - Appreciation of evidence - Held that one has to see the evidence in these matters in the light of the fact that a man on the street is pitted against an expert he depends upon doctor's special knowledge about the medicine they administer - They are supposed to maintain..........
Consumer Protection Act, 1986, Section 27A -- Appeal - Order passed under Section 27 - Expression 'both on facts and law' - Appearing in Section 27A(1) means the 'facts' on the basis of which a party is punished and the point of law involved therein while passing punishment under Section 27(1) of the Act...........
