Consumer Protection Act, 1986, Section 11(2),(a) -- Territorial jurisdiction - Gratuity - Non payment of by Bank - Headquarter of petitioner-Bank at Hubli - They are also having a branch office in Bagalkot - Written submission before the District Forum were filed by the Manager of the petitioner-Bank located at Bagalkot - In view of Section 11(2) (a) of the CP Act, 1986..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Regularization of services - Failure to implement the order of Government by OP Nos. 1 and 2 Government Officials - Complainant has not hired or availed the service of Government Officials - The complainant is not a consumer as defined under Section 2(1)(d) of the Act...........
Consumer Protection Act, 1986, Section 2(1),(g), Banking Regulation Act, 1949, Section 35A -- Banking service - What should be the time limit for the period during which operation of the direction issued under Section 35-A of the Act of 1949 should remain in force? Whether it can remain in force for years together or for a reasonable period? - Held that when no time limit..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption under Section 113-B of Evidence Act operate if prosecution is able to establish circumstances set out in S.304-B of IPC...........
Insurance Act, 1938, Section 45 -- Three conditions for application of Second Part of Section 45 of the Insurance Act enumerated...........
Consumer Protection Act, 1986, Section 27,25 -- The penal provision in Section 27 of the Act can be applied to the Directors of the Companies notwithstanding the absence of a specific provision for action against those incharge of or in control of the affairs of the Company - This will equally apply as regards applicability of the provision in Section 25 of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Contract Act, 1872, Section 73 -- Housing - Flat - Agreement to sell - Delay in handing over possession - Refund - Clause 2(f) of agreement clear that if the appellant fails to make payment within a period of three months of the demand being raised by the first party the latter shall be entitled to terminate the agreement..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Once a membership of an unlawful assembly is established, it is not incumbent on the prosecution to establish any specific overt-act to any of the accused for fastening of liability with the aid of section 149 of the IPC - Commission of overt-act by each member of the unlawful assembly is not..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - For bringing in operation of Exception 4 to Section 300 IPC, it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner...........
State Financial Corporations Act, 1951, Section 32G -- Notice for recovery of amount due as arrears of land revenue - Quashing of notice - Barred by limitation - There is no reference either in S.32G of the Act or any other section to the provisions of Limitation Act, which implies the intention of the Legislature to exclude the application of Limitation Act - Quashing of..........
