Succession Act, 1925, Section 214 -- Appellant took loan from the deceased - Legal heirs of deceased filed suit for recovery of loan money without obtaining succession certificate - Under Section 214 suit for recovery of debt of deceased person through court, the proof of representative title is a pre condition - This succession certificate is required at the time of..........
Industrial Disputes Act, 1947, Section 2(s) -- Workman - Secretary - Cooperative Society - Held to be a 'workman' as defined under Section 2(s) of the ID Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 4 -- Insurance claim - Driving licence - Driver was underage to have obtained the driving licence as per Section 4 of the MV Act, 1988 - Order of the District Forum allowing the claim of respondent liable to be quashed - Respondent given liberty to take action against the driver as well as..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Advocate - Legal services - Deficiency in service - In civil suit filed by respondent on instructions of petitioner Court passed interim orders - Respondent had been appearing on each and every date of hearing - It cannot be held that there was any deficiency in service on the part of the respondent - Findings recorded by..........
Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B Evidence Act - Presumption available only on proof the necessary essentials viz. (1) The question before the court must be whether the accused has committed the dowry death of a woman (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304B..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Machine - Defect during warranty period - Held that even if the machinery is sold for commercial purpose the purchaser will be consumer under Section 2(1)(d) during the period of warranty...........
Consumer Protection Act, 1986, Section 2(1)(d) , 2(1)(g) -- Consumer - Commercial purpose - Deficiency in service - Compensation - Charging of money for organising event in the space allocated - Air conditioning in the indoor stadium being insufficient and there being leakage from the roof of the stadium - Since cause of action arose in 1998 prior to amendment of Section..........
Consumer Protection Act, 1986, Section 2(1)(d) , 2(1)(f) -- Consumer - Commercial purpose - Defect - Diesel Engine - Compensation - Since cause of action arose in 1998 prior to amendment of Section 2(1)(d) of the Act in 2003 - Issue of defects occurring within warranty period - Respondent held to be consumer - Order of the State Commission holding appellant deficient in..........
Land Acquisition Act, 1894, Section 4, 6, 5A, 17 -- Acquisition of land for public purpose by invoking urgency provisions, for construction of approach road - Govt. took more than three months for issuance of notification - No decision taken by the Govt. for dispensing with the provisions of Section 5-A of the Act to invite objections - Held, mere issuance of notification..........
Consumer Protection Act, 1986, Section 25 , 27 -- Execution proceedings - Legal representatives - Held that legal heirs of the deceased cannot be proceeded under Section 27 of the Act - However procedure envisaged under Section 25 of the Act can be invoked in respect of the properties of the deceased which is available in the hands of the legal representatives...........
