Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Employee's State Insurance Act, 1948, Section 53 -- Insurance claim - Plea that there is prohibition u/s 53 of the Act 1948 against receiving or recovery of compensation or damages under any other law where the person is covered under 1948 Act repelled - Appellant has not placed any material on record that the..........
Evidence Act, 1872, Section 118 -- Child witness - Aged 10 years - Case under Section 376 and 302 IPC - Neither tutored nor had any motive to state wrong fact - Stated to the investigation officer at the very first instance what she subsequently deposed in Court - Can be relied upon...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 2(21) -- Insurance claim - Repudiation - Driving licence - To drive Light Motor Vehicle - Laden gross weight of the vehicle which met with an accident is 10,050 kgs. much higher than the prescribed upper limit of 7,500 kgs. under Section 2(21) of the MV Act and it was a medium goods..........
Registration Act, 1908, Section 17(2)(v) -- Proviso, Article 47 of Schedule 1-A, Transfer of Property Act, 1882, Section 54 - Agreement to sell - Unregistered - Admissibility in evidence - Plea that document is compulsorily registrable as entire sale consideration paid and possession also delivered - Recitals in agreement whereby vendor undertook to execute another..........
Criminal Procedure Code, 1973, Section 2(n), 3(38) -- Offence - Meaning - Offence means `an act or instance of offending', `commit an illegal act' and illegal means, `contrary to or forbidden by law'- 'Offence' has to be read and understood in the context as it has been prescribed under the provisions of Sections 40, 41 and 42 IPC which cover the offences punishable under..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii), 2(1)(o) -- Consumer - Service - AIIMS - Plea that AIIMS does not charge any fee/service charge for providing its services and facilities and whatever charges is only towards the actual cost of the consumables etc. hence it is not a `service provider' within the meaning of Section 2(1)(o) of the Act and the complainant is..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Land owner relied on sale deed registered quite close to notification under Section 4 of the Act - Held, sale deed cannot be relied upon as it was registered by one of the persons, whose land was to be acquired merely 13 days thereafter - Effort was to create evidence as the vendor was interested party - Both,..........
Haryana Municipal Act, 1973, Section 246, Cantonment Act, 1924, Section 186 -- Building Bye Laws - Respondent submitted application for sanction of house plan - Plan neither sanctioned nor rejected within 60 days and thus presumed to have been sanctioned - Resolution passed by defendant No.2 for sanction of site plan for raising construction - Resolution suspended by..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7 -- B - Additional remedy - Arbitration clause - Bar of jurisdiction - Mobile phone dispute - Held that only the disputes pertaining to the telephone line i.e. landline, apparatus and appliances would be covered and the wireless service like the services being rendered by the cell phone companies will..........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Comparable sales methods of valuation is preferred because it furnishes the evidence for determination of the market value of the acquired land which a willing purchaser would pay for the acquired land if it has been sold in open market at the time of issue of notification under Section 4 of..........
