Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Objection regarding maintainability of complaint - Onus to prove that goods were purchased for `commercial purpose' and therefore, such goods would fall outside the definition of `consumer' contained in S.2(1)(d) of the Act, would be on the opponent/seller and not on complainant/buyer...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer complaint - Car - Manufacturing defect - Car in question was purchased by complainant for the personal use of its Whole-time Director and for his immediate family members, and the dominant purpose of purchasing the car was to treat it as a part of perquisite to Director - Nothing on record to show that said car was..........
Consumer Protection Act, 1986, Section 12, 2(1)(f) -- Consumer complaint - Car - Manufacturing defect - Excessive heat was generated in the car and center hump on the floor over the drive shaft was felt excessively heated as also the left side of the center hump - Such overheating of the surface of hump and overall high temperature in the car was a fault, imperfection or..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Trade practice which for the purpose of promoting the sale of any goods by adopting deceptive practice like falsely representing that goods are of a particular standard, quality, style or model, would amount to `unfair trade practice' within the meaning of S.2(1)(r) of the Act...........
Consumer Protection Act, 1986, Section 12, 2(1)(r) -- Consumer complaint - Unfair trade practice - Defective car - Car in question was not used for commercial purpose - Car met with an accident and none of airbags opened at the time of accident as a result driver suffered grievous injuries - Nothing on record produced by appellants to show that they had disclosed either in..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 63, 305 -- Dishonour of cheque - Offence by Company - Whenever a Company is accused u/s 138 of the Act then summons has to be issued in the name of company and service of the same can be effected by serving it on the Principal Officer or Local Manager of Company...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm was arrayed as an accused but summons was issued to its partner personally - It is not a proper service for firm because partner was not impleaded as accused in the complaint - Summoning order and non-bailable warrant issued against partner quashed...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Appellant made extra judicial confession before PW1 - PW1 was a village kotwal - Appellant had no close acquaintance with PW-1 for a certain length of time before the incident - If a person wants to confess to the crime committed by him, he will do so before the..........
Guardians and Wards Act, 1890, Section 12 -- Interim custody of child - Claimed by father - Child is uncomfortable in the presence of father and starts crying - He is 8 years old and taking note of his tender age, interim custody of child cannot be granted to father - Suggestion of father that child be sent to visit paternal grandparents also not acceptable - Perhaps, some..........
Family Courts Act, 1984, Section 10(3) -- Jurisdiction of Family Court - Ex parte order - Setting aside - Divorce proceedings - Family Court had exercised discretion provided u/s 10(3) of the Act in setting aside ex parte order thereby permitting husband to participate in and contest the divorce petition - Exercise of discretion was in the interest of justice and to arrive..........
