Punjab Panchayati Raj Act, 1994, Section 208, Punjab State Election Commission Act, 1994, Section 11 -- Gram Panchayat election - Disqualification of a member to contest an election of a Gram Panchayat or of Block Samiti - Member defaulter of a cooperative society - This is no ground to disqualify the member in terms of Section 208 of Punjab Panchayat Raj Act or Section 11..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23(J)(i) -- Specified landlord - Landlord in govt. service - Landlord let out his shop through his uncle - After retiring from service, landlord sought eviction of the tenant from the shop u/s 23(J)(i) of the Act - Held, landlord is a specified landlord in terms of section 23(j)(i) of the Act - Petition hence..........
Industrial Disputes Act, 1947, Section 10(1), 25N -- A reference under section 10(1) of the Act cannot be used to circumvent or bypass the statutory scheme provided under section 25-N of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r)(vi) , 14(1)(d) -- Training programme - Deficiency in service - Unfair trade practice - Tesol certificate programme - Advertisement in the newspaper and brochure of training programme allured the complainants to join the institute with a 100% job guarantee - OP failed to provide any job to the complainants - No..........
Consumer Protection Act, 1986, Section 2(1), Marine Insurance Act, 1963, Section 7, Sales of Goods Act, 1930, Section 46 , 47 -- Marine insurance - C.I.F. - F.O.B. - Contract of sale was on f.o.b. basis whereas the contract of insurance proceeded on the basis that the transaction between the seller and purchaser and meant to be covered by policy would on c.i.f. basis - Not..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17,, 13, Constitution of India, 1950, Article 226 -- Tenancy created prior to the creation of mortgage - Possession taken - Time of creation of lease a moot point - Petitioner has an alternative remedy under Section 17 of the Act to file an appeal to challenge the..........
Employee's Provident Funds and Miscellaneous Provisions Scheme, 1952, Section 1(3)(a), 2(f), 7A -- Applicability of EPF Act - Employee - Hiring of service - Contract of employment - Petitioner establishment having 19 employees - Findings recorded by respondent that by including employee of firm of Chartered Accountant who was found working in the establishment of the..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 6 -- Insurance claim - Repudiation - Driving licence - Fake driving licence - Two driving licences - Holding of two driving licences would be violative of Section 6 of the MV Act - First licence found fake - Second licence made from Nagaland giving temporary address of Nagaland and permanent..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a), 15(5) -- Sub letting - Petition dismissed - Order reversed by Appellate Authority - Revision against - Held, that Revisional Court while exercising jurisdiction under Section 15(5) of the Act can only seek the legality and propriety of the judgment impugned - Legality or propriety does not mean..........
Indian Penal Code, 1860, Section 354 -- Offence of outraging modesty of woman - Victim woman allegedly having illicit relations with relative of accused - Victim woman stripped and paraded naked - The statement of victim woman that she was assaulted by accused - Evidence of witnesses that victim woman was not in normal clothes on whose body some cloth was wrapped - Held,..........