Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Insurance claim - Raw material stolen - Motive of the complainant to purchase raw-material was for manufacturing of medicines etc. which were further meant for sale/resale for profit and as such is not covered under Consumer Protection Act as consumer as defined in Section 2(1)(d) of the Act...........
Civil Procedure Code, 1908, Section 33, Order 20 -- Judgment and decree - Wrong citation of the provision of the Act - Suit filed by the wife for claiming maintenance and for creating 'maintenance' as charge on the property - Courts below allowed the suit by placing reliance on Sections 27 & 28 of the Hindu Adoption & Maintenance Act, 1955 and created maintenance amount as..........
Hindu Succession Act, 1956, Section 22 -- Preferential right to acquire property - Suit for - Locus stand! - Plaintiffs class 1 heirs of the `S' who was class 1 heir of `R' who died intestate - Suit filed seeking to enforce their alleged preemptive right to purchase the undivided share of defendant No.1 on the basis of Section 22 of the Act - Plaintiffs not class 1 heir of..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - It is essential to prove that the person sought to be charged with an offence with the aid of Section 149 was a member of the unlawful assembly at the time the offence was committed...........
Foreign Exchange Regulation Act, 1973, Section 68 -- Company - Prosecution of person in charge and responsible to the company for the conduct of the business of the company at the time of contravention - S.68(1) is not violative of Article 14 or Article 21 of the Constitution - There is no merit in the plea that Section 68 of the FERA confers an unfettered power on the..........
Foreign Exchange Regulation Act, 1973, Section 56 -- Company - Mandatory sentence of imprisonment - Held, there can be no objection to a company being prosecuted for penal offences under FERA and the fact that a sentence of imprisonment and fine has to be imposed and no imprisonment can be imposed on a company or an incorporated body, would not make Section 56 of the FERA..........
Service -- Contract labour - Absorption - Where contract labour are engaged in connection with the work in an establishment and employment of such contract labour is prohibited by issue of a notification under Section 10(1) of Contract Labour (Regulation and Abolition) Act, there is no question of automatic absorption of the contract labour working in the establishment and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Criminal Procedure Code, 1973, Section 313 -- Possession - Conscious possession - Presumption - Presumption u/ss 35, 54 NDPS Act cannot be raised unless accused is given an opportunity to rebut the presumptions in his statement under Section 313 Cr.P.C. by calling upon him to explain the circumstances..........
Indian Penal Code, 1860, Section 302, 304I -- Murder - Grave and sudden provocation - Deceased chided accused of his low caste - Tempers flared up and at the spur of moment accused pulled out a knife and struck deceased and ran away - It is only because of a grave and sudden provocation, given by deceased that appellant reacted - Case of appellant falls within the first..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4 -- Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 33 - Shamlat deh - Evacuee property - Principles of natural justice - Land in question held by the Financial Commissioner to be "shamlat deh" vested with the Gram Panchayat - One of the vendees of the original allottee filing petition..........
