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...........
Indian Penal Code, 1860, Section 511 -- Commission of an offence and attempt to commit such offence - First step is intention then preparation to commit the offence then move towards the commission of offence - If he succeeds, he commits the offence and if he does not succeed, he only attempts to commit the offence for which he can be punished with the aid of Section 511..........
Industrial Disputes Act, 1987, Section 33 -- C(2) - Pay scales - Parity of pay scale - With regularly employed workman - The forum provided for under Section 33 - C(2) of the ID Act was not the one which the respondent/workman ought to have approached - The application of the respondent/workman ought to have been rejected by the court below in the absence of existing right..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Consequences of 'cruelty', which are either likely to drive a woman to commit suicide or to cause grave injury, danger to life, limb or health, whether mental or physical of the woman or the harassment of a woman, where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Housing - Development Agreement - Construction of building - The arrangement was sharing the number of flats constructed on land - It was the respondent who was to build four floors on the stilt 'at his won cost' - The appellant/complainant could not be said to have hired the services of respondent..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Object of S.311 - Held, main object underlying S.311 of the Code is that there may not be failure of justice on account of mistake of either party in bringing valuable evidence on record or leaving ambiguity in statements of witnesses examined from either side - Determinative factor is whether it is..........
Copyright Act, 1957, Section 52 -- Copyright - Judgments of Courts - Published by one law journal and copied by another law journal - There is no copyright when Editor puts in inputs like, cross citations to the citations already given, added names of cases and cross-citations, inserted citation in case history, presented in their own style the cases when they are cited..........
Consumer Protection Act, 1986, Section 11(2)(b) -- Territorial jurisdiction - Insurance claim - Plea that appellant - complainant had no jurisdiction to the complaint at Chandigarh because cause of action had arisen with the jurisdiction of Fatehgarh Sahib District or where the respondent resided repelled - Regional office of respondent is situated at Chandigarh -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Search and seizure in a public place or a moving vehicle - Provision appended in sub-section (1) of S.42 is not attracted - In such a case even sub-section 2 of S.42 need not be complied with...........
Family arrangement -- Law as to - Analysed - (1) A family arrangement can be made orally; (2) If made orally, there being no document, no question of registration arises; (3) If the family arrangement is reduced to writing and it purports to create, declare, assign, limit or extinguish any right, title or interest of any immovable property, it must be properly stamped and..........
