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 -..........
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...........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Exception 4 of S.300 IPC is applicable when death is caused (a) without premeditation; (b) in a sudden fight; (c) without the offender having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed - To bring a case within Exception 4 all the ingredients..........
Consumer Protection Act, 1986, Section 2(1),(g),(r),14(h),(b) -- Damages - Deficiency in service - Unfair trade practice - Credit Card - Credit card insurance benefit - Denial of - Accidental insurance benefit provided on credit card - In addition to National Insurance Company there is mention of association of HSBC with TATA AIG Insurance as well - To the consumer card..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(a), 176(4)(b) -- Election of Sarpanch - Total 2329 votes polled - 185 votes declared invalid - 2144 votes found to be valid - Returned candidate secured 612 votes - Defeated candidate secured 588 votes - Election petition - Pleas regarding irregularities and illegaties committed during course of election and also counting..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - In S.304-B there is no explanation of cruelty - Meaning of 'cruelty' or 'harassment' is the same as prescribed in the Explanation to Section 498-A under which 'cruelty' by itself amounts to an offence...........
Hindu Marriage Act, 1955, Section 15, Contempt of Courts Act, 1971, Section 2(b), 12 -- Disobedience to the 'other process of the Court' - Marriage performed after filing of appeal - An unlawful act in terms of section 15 of Hindu Marriage Act - Whether amounts to willful disobedience to the 'other process of the Court' disclosing a Civil Contempt within meaning of section..........
Industrial Disputes Act, 1947, Section 33(2),(b) -- Findings by the High Court that order of dismissal of employee during pendency of industrial dispute void for omission on the part of the bank to file application u/s 33(2) (b) of the Act upheld - Held that the proviso to Section 33(2) (b) of the Act affords protection to a workman to safeguard his interest and it is in..........
Housing -- Non construction fee - Grant of extension - Refund of fee - Having obtained extension upto 31.12.2005 after depositing the requisite sum and furnishing undertaking pursuant to the letter dated 21.3.2005, the petitioner cannot turn around and seek refund of the deposited amount with interest on the ground of non-construction fee being chargeable - No illegality..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Vendor executed another sale deed - Suit for specific performance by first vendee - Second vendee closely related to vendor - Provision of Section 19(b) not attracted - Cannot be said that transferee had no notice of the earlier contract...........
