Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 84, 39, 56, 59, 60, 66, 149(2)(a)(i) -- Insurance claim - Repudiation - On the ground that Taxy cab had seating capacity of six but at the time of accident it was having 8 passengers and secondly the vehicle which was registered as Transport vehicle was not having fitness..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Petition for divorce by husband on ground of cruelty - Husband, his mother and near relations arrested in a criminal case got registered by wife under section 498-A IPC - All acquitted in a criminal case on the ground that complainant's own testimony falsified prosecution case - Held, embarrassment, humiliation and suffering..........
Medical negligence -- Compensation - Caesarean section delivery - Expert evidence - Both respondents Anaesthetist as well as Gynaecologist have not followed the standard medical protocol during the course of the caesarean section surgery on the deceased - By mishandling/improper handling of the anaeshological procedure the patient developed Hypoxic Encephalpathy leading to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Ejectment petition under Section 13-B - Summons served upon tenant - Tenant failed to file application within 15 days to contest petition - Ejectment ordered...........
Protection of Woman From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance - Plea that aggrieved wife was already married and during subsistence of that marriage married the petitioner - Certified copy of marriage certificate of earlier marriage filed - Magistrate rejected prayer of husband by holding that marriage certificate is not a conclusive proof of..........
Punjab Panchayati Raj Act, 1994, Section 3(3)(ii)(b) -- Creation of new Panchayat out of existing Gram Panchayat - Apportionment of property of Gram Panchayat amongst two Panchayats - Appropriate authority distributed assets and liability of existing Gram Panchayat and newly created Gram Panchayat in ratio 77:23 taking criteria of population into consideration - Held,..........
Registration Act, 1908, Section 68(2) -- Power of Registrar to Superintendent and Control Sub registrars - This is an administrative power - It gives authority to the Registrar to issue any order consistent with the Registration Act in respect of an Act or omission of the Sub Registrar in respect of their Ministerial function and duties - Before a Registrar can issue order..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - FIR lodged u/ss 419, 420, 467, 468, 471 read with Section 120-B IPC - Prosecution allegation that petitioner allegedly forged power of attorney of his brother who died in the hospital - Some other persons impersonated himself in place of deceased - Petitioner got the sale deed executed in connivance with..........
Land Acquisition Act, 1894, Section 5A, 4, 6 -- Land Acquisition - Notice not issued to land owner inviting objections against the acquisition - Section 5-A relating to inviting objections is mandatory - Right of hearing contemplated by Section 5-A is akin to fundamental right - It is not an empty formality - Notification quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Prevention of Corruption Act, 1988, Section 4(1) -- Jurisdiction of special court - Accused committed crime involving three offence under IPC, under NDPS Act and Prevention of Corruption Act - Accused filed bail application in Special Court constituted under NDPS Act - Court came to the conclusion that it..........
