Consumer Protection Act, 1986, Section 30 -- Maharashtra Consumer Protection Rules, 2000, Rules 4(7) and 8(2) - Advocates Act, 1961, Section 33 - Appearance by authorised agent - In the light of the Rules 4(7) and 8(2) of Rules of 2000, the objects, nature of proceedings and scheme of Act of 1986 and the purpose of appearance on the date of hearing, the agent appearing for..........
Constitution of India, 1950, Article 226 -- Plea that Authorities constituted under Punjab Village Common Lands (Regulation) Act have no jurisdiction at all to proceed with the case as land not Shamlat Deh as defined in Section 2(g)(i) inasmuch as land is subject to river action - Merely because Authority has proceeded in the case by even prima facie considering the land..........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(o) -- Consumer - Services - Housing construction - Availing of service of another for constructing a building is `service' within the meaning of Section 2(1) (o) of the Act - Such person would be a consumer u/s 2(1) (d) (ii) of the Act...........
Criminal Procedure Code, 1973, Section 209 -- Charge u/s 307 IPC - Death of victim after a month - Supplementary charge-sheet u/s 302 IPC filed and cognizance of offence taken - Held, cognizance is not taken on a particular section of offence or a particular accused - Any subsequent addition or deletion in section and of accused can be made subsequent to taking cognizance...........
Evidence Act, 1872, Section 105, Indian Penal Code, 1860, Section 99, 96, 103 -- Right of private defence - Onus which rests on the accused person under Section 105 Evidence Act to establish his plea of private defence is not as onerous as the unshifting burden which lies on the prosecution to establish every ingredient of the offence with which the accused is charged,..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami transaction - Burden of proof - Plea of benami can be considered if the person in whose name the property is held is a coparcener in Hindu Undivided Family and if the property is held for the benefit of coparcener - Plea raised that property is purchased benami in the name of adopted son - Adopted son can..........
Will -- validity of-Suspicious circumstances - (i) unnatural disposition, (ii) one of the beneficiaries played crucial and important role in execution-Scribe not able to withstand cross-examination and resultantly answers given do not inspire confidence in the facts spelt out in examination-in-chief-One of the living attesting witness stated categorically that Will scribed..........
Land Acquisition Act, 1894, Section 5 -- A, 4 and 6 - Discrimination in acquisition - Objections under Section 5 - A not filed opposing acquisition - Acquisition notifications under Sections 4 and 6 cannot be challenged - Constitution of India, Article 226...........
Constitution of India, 1950, Article 226 -- Challenge to notifications under Sections 4 and 6 of Land Acquisition Act - Objections under Section 5 - A not filed - Acquisition cannot be challenged - Land Acquisition Act, Sections 4, 5 - A and 6...........
Indian Penal Code, 1860, Section 34 -- With the aid of section 34 a person can be made liable for an action of an offence not committed by him but by another person with whom he shared the common intention as section 34 recognises the principle of vicarious liability in criminal jurisprudence...........
