Industrial Disputes Act, 1947, Section 2(oo) , 25 -- B and 25F - Termination - Continuous service - Finding of fact by the Labour Court that the respondent workman has worked for less than 240 days during the last 12 preceding months from the date of her termination - Benefit of Section 25 - F allowed on the ground that workman had in earlier years of her service completed..........
Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B Evidence Act - Presumption available only on proof the necessary essentials viz. (1) The question before the court must be whether the accused has committed the dowry death of a woman (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304B..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - Insurance claim - Affidavit of officer of the financier bank with regard to Stock Statement - On behalf of petitioner Insurance Company no cross - examination done as regards averments made in the affidavit - No reason to disbelieve the unrebutted affidavit with regard to verification of stock - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Accused found in possession of 15 Kg of poppy husk - Accused convicted by trial court - Conviction set aside as prosecution case suffers from following infirmities : (a) No independent witness joined by the investigating officer at the time of alleged search and seizure, despite availability; (b) Alleged..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Prosecution to prove that death was within seven years of marriage, otherwise than under normal circumstances and soon before her death she was maltreated in connection with the demand of dowry - Once it is so proved than presumption u/s 113-B Evidence Act operates that..........
Consumer Protection Act, 1986, Section 2(1)(r), Telecom Regulatory Authority of India Act, 1997, Section 14 , 27 -- Unfair trade practice - Cell phone service - Held that dispute is not between a telecommunication service provider and a group of consumer qua the service which are required to be rendered by that service provider - The dispute pertain to unfair trade..........
Arbitration and Conciliation Act, 1996, Section 34(2) -- Arbitration award - Setting aside - Principles laid down - An arbitration award can be set aside when it is (i) contrary to substantive provisions of law ; or (ii) the provisions of the Arbitration and Conciliation Act, 1996 ; or (iii) against the terms of the respective contract ; or (iv) patently illegal, or (iv)..........
Arbitration and Conciliation Act, 1996, Section 7, 11 -- Arbitration agreement - Charter party agreement - Fax copy of same signed by both the parties - Plea that it is not an arbitration agreement as it is (1) a copy, not the original; (2) is stamped by one, not by both parties; (3) one of the parties did not sign every page; and (4) it was first sent vide fax -..........
Consumer Protection Act, 1986, Section 22B -- Supervisory jurisdiction - National Consumer Redressal Commission - In addition to the appellate and revisional jurisdiction NCDRC is having supervisory jurisdiction under Section 24 - B over Consumer Fora - Unless there is a contrary judgment by the Apex Court, the State Commission is bound to follow the decision rendered by..........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Retrenchment - In the event of retrenchment of a workman, employed in any industry, continuously for not less than one year under an employer, compliance with the provisions of Section 25F of the Act, in particular clauses (a) and (b) thereof is mandatory - Conditions which must be satisfied are : (i) the workman is..........
