Indian Penal Code, 1860, Section 420, 424, U P Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Quashing - High Court dismissed the petition for quashing on the basis of ratio of decision passed by that Court - Held, that ratio of that case did not apply to the facts and circumstances of the present..........
Consumer Protection Act, 1986, Section 2(1)(c) -- Complaint maintainability - Municipal Committee - It is the liability of the Nagar Palika to keep its road and sewer line intact and out of the risk with lids on manholes - It is certainly liable and responsible for the accident of the kind if some injuries were caused to the victim of occurrence - Conclusion drawn by the..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 2(ia)(1) -- Public Analyst Report - Mention of extraneous organic matter - Nature of extraneous organic matter not specified - Held, when there is mention of organic matter in public analyst report but nature of such extraneous organic matter is not specified which caused adulteration then report does not satisfy..........
Consumer Protection Act, 1986, Section 2(1)(c) -- Complaint - Maintainability - Subscriber to the Kuri is not the father of the complainant but the subscriber is the complainant minor - The fact that a suit is pending against the father of the complainant cannot be taken as a ground to dismiss the complaint preferred by the complainant on the ground that the matter is..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM(2) -- Insurance claim - Discharge voucher - If the amount is to be paid only in terms of the report of Surveyor, unless there was amicable settlement between the parties, the only course open to the complainant/petitioner would be either to approach the IRDA in terms of Sub - section (3) of..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Principles of constructive res judicata - Suit for injunction - Dismissed - Plaintiff restrained from interfering with physical possession of defendant - Plaintiff filed suit for possession - Relief for recovery of possession could not have been asked for in that suit - A relief which was..........
Dowry Prohibition Act, 1961, Section 2 -- 'In connection with the marriage of the said parties' - Other customary payments given at the time of birth of a child or other ceremonies as are prevalent in different societies are not covered by the expression 'dowry'...........
Consumer Protection Act, 1986, Section 2(1)(g), Marine Insurance Act, 1963, Section 60 -- Insurance claim - Vessel broke down - Attempt to refloat the vessel failed - Cost of salvaging the vessel was likely to exceed the salvage value - As the vessel was required to be abandoned, provisions of Section 60 of the Act of 1963 which provides for constructive total loss would..........
Consumer Protection Act, 1986, Section 2(1)(g), Marine Insurance Act, 1963, Section 57 , 60 -- Insurance claim - Second Surveyor - Appointment of - Surveyors' report - Second surveyor's opinion not relied upon as he had not visited the spot and submitted the report after a lapse of long time from the date of sinking of the vessel - Moreover appointment of second surveyor..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Agreement to grow tree - Complainant undertaking growing of trees from the transplanted material to a full grown Poplar trees - Which was to be finally used by appellant - Plants damaged in heavy rainfall - Contention of complainant that appellant failed to take insurance cover - Goods..........
