Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Booking of new car - Delivery of "Demo Test Drive Vehicle" - Amounts to unfair trade practice - District Forum and State Commission directed dealer to give delivery of new car with costs - National Commission modified the order and directed to pay compensation in the sum of Rs.1 lakh - Appeal allowed..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of Insurance Company - Testimony of eye witness - Incident occurred in busy market place - Testimony of eye witness duly established the accident as well as involvement of offending vehicle - Eye witness did not know the deceased and his family before the accident - Merely because he has not..........
Mutation -- Mutation of name in respect of agricultural land does not create or extinguish title nor has it any presumptive value on title - It only enables person in whose favour mutation is ordered to pay land revenue...........
Muslim Law -- Interim maintenance - Plea of divorce - Nothing on record to even prima facie show that Talaq Nama has been conveyed to wife - Burden lies upon husband to show that his act of divorcing wife was valid as per Islamic Law, unless he discharges such burden it cannot be stated that marriage between parties stands dissolved - Husband can do so only after trial of..........
Service -- Revised pension - Financial constraint/financial crunch due to additional financial burden can be a valid ground to fix a cut off date for the purpose of granting the actual benefit of revision of pension/pay...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - Joint liability to pay a debt will not be sufficient to make a person vicariously liable u/s 141 of the Act...........
Stamp Act, 1899, Section 29(f) -- Deficient stamp duty - Certificate of sale - Vendee has been put in possession of property in question and he has accepted the title of same - No objection raised by vendee himself that he has been given a defective title - In such situation it is the vendee who would be liable to pay deficient stamp duty...........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Sentence - Accused had already suffered incarceration for over 10 years - Sentence of accused thus, modified to the sentence to period already undergone by him - In addition, accused had to pay Rs.1000 as fine and in default will undergo S.I for a period of 6 months...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Sentence - Magistrate imposed total imprisonment of 56 months for failure to pay monthly maintenance amount of Rs.2000 - Failure of husband to pay maintenance of Rs.2000/- appears to be on account of financial constraints which is evident from fact that husband has served sentence of..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner though is a registered owner of vehicle but he failed to pay the loan taken for purchase of vehicle - As a consequence vehicle was put to auction and was purchased by respondent through auction after completing due formalities and making all outstanding due amount towards loan of vehicle -..........
