Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Indian Carriage of Goods by Sea Act, 1925, Section 5,of,the -- Carrier - Deficiency in service - Compensation - Non delivery of one carton containing miniature paintings by carrier - As per records the miniature paintings were in 18 packets - The carrier held deficient in rendering service and accountable to unpaid..........
Punjab Panchayati Raj Act, 1994, Section 113 -- Povisions pari materia to Section 102(1-A) Punjab Gram Panchayat Act - Suspension of Member of Panchayat Samiti - Can be only during course of enquiry - Mere pendency of FIR against Member of Panchayat Samiti - Cannot be made a ground for his suspension/removal - Plea that pendency of trial in Court regarding FIR amounts to..........
Punjab Panchayati Raj Act, 1994, Section 208, 2(zj) -- Member of Panchayat Samiti if incurs any of the disqualifications mentioned in Section 208 - Action can be initiated against him - Disqualifications qua Members of Panchayat and not of Gram Panchayat - Members of Gram Panchayat, Panchayat Samiti and Zila Parishad - Covered by definition of Panchayat in Section 2(zj)...........
Consumer Protection Act, 1986, Section 2(1),(e), Motor Vehicles Act, 1988, Section 14(2),(a) -- Central Motor Vehicle Act, 1989, Rule 9 - Insurance claim - Repudiation - Ground that licence for driving licence heavy vehicle but did not have endorsement as required by proviso to Section 14(2) (a) of the M.V. Act for driving oil tanker carrying hazardous goods - The driver..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Scandalous allegations against the judicial officer cannot be levelled to constitute the basis for entertaining an application for transfer of proceedings under Section 24 of the Code - The allegations remained unsubstantiated - Taking a lenient view petition dismissed with costs of Rs.10,000/-...........
Land Acquisition Act, 1894, Section 51 -- Copy of award - A person entitled to have a copy of award free of cost irrespective of the fact whether he intends to file appeal under Section 54 of the Act or not - Person claiming under such award - Not required to pay any fee for a copy of the award - Note 6 - B refers to Order XX Rule 6 - B of Code of Civil Procedure inserted..........
Land Acquisition Act, 1894, Section 51, Civil Procedure Code, 1908 -- Order 20 ,R. 6-B - Civil - Award - Supply of copy - Rule 6-B of Order 20 CPC does not control Section 51 of the Land Acquisition Act - A person is entitled to have a copy of the award prepared under the provisions of the Act free of cost irrespective of the fact whether he intends to file an appeal u/s..........
Hindu Marriage Act, 1955, Section 25, 5, 11 -- Section 25 not attracted in the case of 'illegitimate wife' whose marriage is void in view of S.5(i) read with S.11 of Hindu Marriage Act...........
Criminal Procedure Code, 1973, Section 173 -- Investigation conducted in breach of mandatory provision - Court is competent to take cognizance - Cognizance taken by trial Court cannot be set aside by High Court under Section 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 2(h) -- 'Investigation' - It includes all the proceedings under the Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf - It ends with the formation of the opinion as to whether on the material collected, there is a case to place..........
