Central Excise Act, 1944, Section 11B, 12A, 12B -- Presumption u/s 12-B of the Act - As per assessee incidence of duty was originally passed on to buyer - There is no material brought on record to show that buyer to whom incidence of duty was passed on by assessee did not pass it on to any other person - Thus, there is statutory presumption u/s 12-B of the Act that duty..........
Consumer Protection Act, 1986, Section 23, Indian Contract Act, 1872, Section 230 -- Consumer complaint - Defence u/s 230 of Act is available in cases under Consumer Protection Act, by agents of principal with whom complainant had agreement...........
Consumer Protection Act, 1986, Section 23 -- Sale of goods - Liability of Bank - There is no contract between bank and appellants - Bank had carried the consignment and delivered the same as per Bill of Lading - Bank is not liable for deficiency of service as amount was not collected from consignee, as such there was no question of remitting it to the appellants by Bank -..........
Food Safety and Standards Act, 2006, Section 19, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 -- Milk - Adulteration with hazardous substances like urea, detergent, refined oil, caustic soda, etc. which adversely affects the consumers health - Supreme Court passed necessary directions, viz. (i) Union of India and State Governments shall take appropriate..........
Consumer Protection Act, 1986, Section 2(d) -- Consumer - Appellant society maintaining hostel free of cost and no charges in the form of rent, repairs and maintenance collected from inmates - Held, appellant society cannot be considered as any commercial establishment striving for profit - Held, appellant society is consumer u/s 2(d) of the Act...........
Consumer Protection Act, 1986, Section 21 -- National Commission - To exercise jurisdiction only when State or District Commission forum (i) either failed to exercise their jurisdiction; or (ii) exercised jurisdiction when the same was not vested in them; or (iii) exceeded their jurisdiction which was not vested in them; or (iv) exceeded their jurisdiction by acting..........
Consumer Protection Act, 1986, Section 2(d), 14(d), 14(hb) -- Consumer - Registered society running charitable institution for providing hostel facility to help adivasi students is a consumer u/s 2(d) of Act - Purchase of tiles and laying in the same in the rooms of girl's hostel by Society is thus, not for any commercial purpose - Since said tiles were defective and..........
Consumer Protection Act, 1986, Section 2(1)(g), 10 -- Deficiency in service - Insurance - Recovery of loss/damage - In the instant case, damage caused to legally constructed building of complainant during demolition drive by Municipal Corporation to remove encroachment and illegal construction - As per insurance company damage caused under orders of Government or any..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - MOU between appellant and respondent No.1 whereby respondent was to construct multi storey building and parking space - Under MOU, apartments constructed were to be shared in the proportion of 40% and 60% between appellant and respondent No.1 - Appellant is neither a partner nor a co-adventurer - He has no..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Four persons died due to fire caught by leakage of gas - Gas leaked on account of mishandling of gas implement and not on account of defective stove/faulty refilling of Cylinder - Moreover, no evidence on record to prove that accused knew that gas cylinder sold by them and gas filled in said..........
