Representation of the Peoples Act, 1951, Section 84(c), 101(b), 151, 150, Constitution of India, 1950, Article 190(3)(b) -- Two M.L.As submitted their registrations from membership of State Legislative Assembly - Vacancies occurred as Speaker accepted resignations - Election petitions pending in the Court against MLAs, who submitted resignations - Held, bye-elections to..........
Industrial Disputes Act, 1947, Section 10, 25F -- Reference of dispute for enquiry - No limitation prescribed - Workman retrenched in contravention of Section 25-F of the Act - Delay on the part of Govt. in making reference though workman had been making representations right from the day he was retrenched - Held, relief cannot be denied to the workman on the plea that..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact - With regard to the pre-insurance medical history - Death of insured due to heart attack within 114 days from taking of insurance policy - Plea of the appellant that insured suppressed fact about his being on medical..........
Consumer Protection Act, 1986, Section 2(1), (d) -- Consumer -Commercial purpose - Vehicle finance - Forcible repossession of vehicle -Plea that respondent-complainant not a consumer since the vehicle purchase for commercial purpose repelled - Averment made in Para 6 of the complaint that the complainant who is unemployed youth had purchased the said vehicle for earning..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Detention beyond period of 180 days - Contraband substance allegedly recovered from the accused falls within the meaning of commercial quantity - Discretionary power vests in Special Judge under NDPS Act - Period of limitation for completing investigation and initiation of complaint 180 days when reckoned from the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Bail - Detention beyond period of 180 days - Contraband substance allegedly recovered from the accused falls within the meaning of commercial quantity - Discretionary power vests in Special Judge under NDPS Act - Period of limitation for completing investigation and initiation of complaint 180 days when..........
Land Acquisition Act, 1894, Section 5A -- Enquiry as envisaged under Section 5-A of the Act - A party able to assert and demonstrate that because of faulty newspaper publication, it was denied opportunity of participating in enquiry under Section 5-A or show any other disadvantage, the proceedings were held to be vitiated so far as land of the party is concerned...........
Indian Penal Code, 1860, Section 395, 397 -- Sentence - Appellants convicted u/s 395 read with Section 397 IPC and sentenced to undergo RI for seven years and to pay a fine of Rs.200/- - Injury was found to be simple in nature - Appellants had not used any deadly weapon or caused grievous hurt or death - Doctor did not state a word that any of the injuries was grievous in..........
Indian Penal Code, 1860, Section 498A -- Cruelty on account of dowry demand - Alleged instances of cruelty relate to the year 1982 or earlier part of the year 1983 - Section 498-A inserted in the Penal Code vide Act No.46 of 1983 and came into force w.e.f. 25.12.1982 - Held, accused not liable to be convicted u/s 498-A IPC for the alleged acts of 1982 or earlier part of..........
Consumer Protection Act, 1986, Section 2(1)(g), Telegraph Act, Section 7B -- Telephone bill - Rental for non - return of the instrument after disconnection of Telephone - There is no deficiency in service - This kind of dispute will not come within the jurisdiction of Consumer Forum and the same comes under Section 7B of the Telegraph Act - The order of the District Forum..........
