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SUPREME COURT OF INDIA

Year of decision: 2008
Details

Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Imposing of fine for the time being - There is no provision in the Act or any precedent to impose sentence upon the contemnors in piece meal...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Person found guilty of contempt of court should be punished on the same day - Case cannot be adjourned for hearing on quantum of sentence...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Law as to - Exercise of power under Contempt of Court has to be cautious and use of it rather sparingly - Proceedings are quasi criminal in nature and burden of proof is on the person who makes such an allegation - Mere disobedience is not sufficient and there must be an element of willingness which is an..........

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2008
Details

Consumer Protection Act, 1986, Section 2(1)(g) -- Electrocution - Death of the wife of complainant by electrocution - She was aged 40 years and was earning Rs. 4,000/ - by doing Labour work - Compensation of Rs. 1,50,000/ - awarded by District Forum upheld...........

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2008
Details

Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 2(1) , 9(3) -- Insurance claim - Driving licence - Issued to the respondent by the State of Illinois, USA was not an international driving licence - Since the respondent was not holding a valid driving licence issued under the MVA the Insurance Company would not be liable to compensate the..........

WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA

Year of decision: 2008
Details

Consumer Protection Act, 1986, Section 2(1)(d) , 24A -- Consumer - Commercial purpose - Limitation - Hot Mix Plant - OP had raised the allegation regarding defective performance of the machine within the warranty period and the petitioner failed to attend such complaint properly to the satisfaction of the OP - The cause of action continues till such defects are suitably..........

BOMBAY HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 12, Rule 2, 2-A -- Documentary evidence - Parties can produce documentary evidence at or before settlement of issues - This is an additional stage to admit or deny or object to the admissibility of the document - Rule 2A thereof provides for deemed admission, if documents are not denied within stipulated time frame after service of notice..........

BOMBAY HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 12, Rule 2, 2-A -- Admissibility of evidence - Objection as to - A ruling as to admissibility of evidence should be as brief as possible since no appeal lies against such order as it is not a `judgment'...........

MADHYA PRADESH HIGH COURT

Year of decision: 2008
Details

Hindu Marriage Act, 1955, Section 12(1)(d), 2(b) -- Petition for annulment of marriage filed by husband on the ground that wife was pregnant from some other person at the time of marriage - Held, petition has to be filed within one year of marriage - This period of one year is to be calculated from the date of marriage and not from the date of discovery of the fact that..........

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2008
Details

Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyor's report - It is an important document - Cannot be viewed lightly - Surveyor had given complete reasoning and details outlining the basis and rationale on which he assessed the loss - Appellant/complainant preferred claim without any supporting document except a..........

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