Mines and Minerals (Regulation and Development) Act, 1957, Section 3(a) - - Definition of mineral - Held, the definition of mineral given in sub-clause (a) of Section 3 of the Mines & Minerals (Development and Regulation) Act, 1957 clearly demonstrates that the Act of 1957 covers all minerals and not only the minor mineral, but includes the major mineral as well...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, Consumer Protection Act, 1986, Section 14 -- Matter provided in SARFAESI Act - Jurisdiction of Consumer Forum - Held, the CDRF cannot grant any relief against measures taken by a Bank or Financial Institution under the SARFAESI Act - The jurisdiction of the..........
Civil Procedure Code, 1908, Section 13, 14 -- Foreign judgment - Validity in India - Held, under Section 14 of the Code of Civil Procedure, a presumption arises that foreign judgment produced before Court, was pronounced by a Court of competent jurisdiction - But, it is a rebuttable presumption - S.13 of the Code makes a foreign judgment conclusive as to any matter thereby..........
Constitution of India, 1950, Article 226, Consumer Protection Act, 1986, Section 16 -- Writ jurisdiction - Quo warranto - Appointment - Lady Member - State Consumer Dispute Redressal Commission - Experience - Selection Committee was satisfied that respondent No. 3 had 10 years of experience of teaching school children - This was the requirement of eligibility as per the..........
Constitution of India, 1950, Article 226, Consumer Protection Act, 1986, Section 16 -- Writ jurisdiction - Quo warranto - Appointment - Lady Member -State Consumer Dispute Redressal Commission - Experience - Selection Committee was satisfied that respondent No.3 had 10 years of experience of teaching school children - This was the requirement of eligibility as per the..........
Constitution of India, 1950, Article 226, Consumer Protection Act, 1986, Section 16 -- Writ jurisdiction - Quo warranto - Appointment - Lady Member - State Consumer Dispute Redressal Commission - Experience - Selection Committee was satisfied that respondent No. 3 had 10 years of experience of teaching school children - This was the requirement of eligibility as per the..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4), 14, 17 -- Proceedings under the Act of 2002 - Writ petition thereagainst - Power of High Court - Held, High Courts should not ordinarily entertain writ petitions challenging proceedings under the Securitization and Reconstruction of Financial Assets and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Specific performance - Plaint sought to be amended for return of advance money with interest - Held, in accordance with proviso to sub-section (2) of Section 22 of the Specific Relief Act, 1963, plaintiff is entitled to claim such relief and is also entitled to amend his plaint at any stage of the..........
Insurance Act, 1938, Section 45, Consumer Protection Act, 1986, Section 2(1)(g), 13(4) -- Insurance claim - Repudiation - Suppression of material fact - Adverse inference - Ailment of gall bladder and CRD stones which has no nexus with death of insured due to breast cancer - Specific averment by complainant that ailment disclosed to the agent by the policy holder but agent..........
Evidence Act, 1872, Section 27 -- Discovery of dead body - Applicability of S.27 - Held, first condition necessary for bringing this section into operation is discovery of a fact, albeit a relevant fact, in consequence of information received from a person accused of an offence - Second is that discovery of such fact must be deposed to - Third is that at time of receipt..........
