Industrial Disputes Act, 1947, Section 33(2)(b) -- Whether a dispute is said to be pending before an Industrial Tribunal for the purpose of proviso to Section 33(2) (b) of the I.D. Act, 1947 during the period when operation of the order of reference of dispute itself remained stayed? - The question set out answered in negative...........
Industrial Disputes Act, 1947, Section 9A -- Notice of change - Rationalisation - Rationalisation means to organise scientifically, to organise so as to achieve greater efficiency and economy - This obviously means that in substitution of an earlier method of work a new method is introduced - Notice under Section 9-A of the Act is mandatory if a scheme of ratioanalisation,..........
Industrial Disputes Act, 1947, Section 9A -- Notice of change - Mailing section discontinued by company on account of the increase in printing charges, postages, etc. - Company did not introduce any other method or process of mailing - Therefore action taken by company in discontinuing the mailing Section cannot be termed as rationalisation - Notice under Section 9 A not..........
Industrial Disputes Act, 1947, Section 33(1) -- Applicability of Section 33(1) - It is during the pendency of conciliation proceedings before a conciliation officer that an employer shall not alter to the prejudice of the workmen concerned in the dispute the condition of service applicable to them immediately before commencement of such proceedings - If demands are not..........
Land Acquisition Act, 1894, Section 18, 30 -- Compensation - Dispute as to apportionment - Person who had notice of acquisition proceedings and who, by virtue of S.50 is debarred from filing a reference under Section 18 cannot be allowed to apply for a reference u/s 30 of the Act...........
Consumer Protection Act, 1986, Section 3,14, Chit Fund Act, 1982, Section 64(3) -- Chit fund - Jurisdiction - District Forum has jurisdiction to entertain the complaint - Bar under Section 64(3) of Chit Fund Act, 1982, is applicable to civil courts only and not to other redressal agencies like the Forums under the Act...........
Indian Penal Code, 1860, Section 34 -- Common intention - Direct proof of common intention is seldom available - Such intention can only be inferred from the circumstances appearing from the proved facts of the case and the proved circumstances - To prove common intention prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or..........
Consumer Protection Act, 1986, Section 2(1),(r), Contract Act, 1872, Section 63 -- Unfair trade practice - Car price - Plea of waiver/estoppel - The original promise was to deliver Omni-E Model to the complainant promisee but he was delivered Euro-1 model car costing a little more - The complainant accepted the said delivery and paid the difference of price without any..........
Evidence Act, 1872, Section 32, 155, 157, Criminal Procedure Code, 1973, Section 164 -- Dying declaration - Maker of proported dying declaration when survives - Statement is not one u/s 32 Evidence Act - It is a statement in terms of S.164 Cr.P.C. and can be used under Section 157 of the Evidence Act for the purpose of corroboration and under Section 155 for the purpose of..........
Criminal Procedure Code, 1973, Section 256 -- Complaint - Death of complainant before issuance of summons - Section 256 is not applicable - Order dismissing application of L.Rs for bringing them on record and order of dismissal of complaint set aside - Case remanded for passing appropriate orders on complaint and application...........
