Civil Procedure Code, 1908, Section 102 -- Suit for the recovery of Rs.20000/- dismissed - Appeal filed by plaintiff allowed - Second appeal not maintainable because of bar of Section 102 CPC which provides that no second appeal shall lie from any decree, when the subject matter of the original appeal is for recovery of money not exceeding Rs.25000/-...........
Industrial Disputes Act, 1947, Section 2(oo)(b) -- Retrenchment - Retirement on attaining age of superannuation - Petitioner drawn his retiral benefits - Demand notice after more than two years of his retirement on the basis of a circular claiming extension in service after attaining age of 55 years which is age of retirement - Petitioner did not apply for extension..........
Consumer Protection Act, 1986, Section 2(1)(d)(i) -- Consumer - Commercial purpose - Purchase of JCB Proclaimer by making arrangement of finance from financial company by complainant to be used exclusively for the purpose of earning of his livelihood by means of self employment - There is no evidence on record to the effect that the complainant used the proclainer for any..........
Consumer Protection Act, 1986, Section 14(2 -- A) - Judgment - Proceedings conducted by President and two members - Judgment and order bears the signature of President and one member only - The judgment cannot be said to be judgment in the eye of law in view of provision of Section 14(2 - A) of the Act and liable to be set aside - Matter remanded to the District Forum to..........
Indian Penal Code, 1860, Section 300, 304 -- Part I - Murder - Proof - Husband requiring wife to return to Kerela and wife refusing to do so - Non agreement between husband and wife - Husband committed murder of wife - Held, mere non agreement was at best petty squabble between husband and wife - Not a provocation of a kind which would result in quarrel - Conviction of..........
Industrial Disputes Act, 1947, Section 11A, 33(2)(b) -- Conditions of service - Punishment - During pendency of proceedings - Grant or refusal of approval under Section 33(2)(b) - Exercise of powers u/s 11 - A of the Act by the Labour Court - Labour Court ought not to have interfered with the punishment, for there was always right to challenge the termination order itself..........
Industrial Disputes Act, 1947, Section 17B, 33(2) -- Award - Last wages drawn - The reinstatement ordered u/s 33(2) (b) is not under any award, where the validity of the termination is required to be examined in a reference u/s 10 of the Act - Application of Section 17B, for the benefits under said Section would avail only in a case where a reinstatement is ordered in a..........
Transfer of Property Act, 1882, Section 106, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Tenancy terminated by issuing notice under Section 106 of T.P.Act - Suit for possession of tenanted premises - During pendency of suit, notification issued and tenanted area included in M.C. - Civil jurisdiction ousted - Suit dismissed - Appeal also dismissed..........
Civil Procedure Code, 1908, Section 60(1)(i) -- Execution of decree - Attachment of salary - Application for attachment of salary for recovery of decreetal amount of Rs.1,79,000/ - - Total salary of JD Rs. 5847/ - - The provision of Section 60(1)(i) CPC would apply in favour of DH - Salary of JD would be exempted towards first one thousand rupees and two thirds of the..........
Consumer Protection Act, 1986, Section 2(1) , 14(1)(d) -- Unfair trade practice - Air conditioner - Instead of supplying Amrtex air - conditioner as agreed for a sum of Rs. 32,500/ - an assembled air - conditioner supplied - Held that State Commission has rightly held the petitioner guilty of unfair trade practice as defined under Section 2(1)(r) of the CP Act - Direction..........
