Civil Procedure Code, 1908, Section 100, Order 42, Rule 2 -- Second appeal - Substantial question of law - Power of Court - Held, Court can hear, for reasons to be recorded, appeal on any other substantial question of law, not formulated by it, if it is satisfied that case involves such question - R.2 of O.42 Code further provides that it shall not be open to appellant to..........
Protection of Human Rights Act, 1993, Section 21(5) - - Jurisdiction - NHRC declined to entertain the complaint, and had passed a general order to forward it to the appropriate authority - He did not even name the authority to whom it had to be forwarded - On account of some inexplicable reason, perhaps fortuitous circumstance and ministerial act, got forwarded to..........
Industrial Disputes Act, 1947, Section 2(oo), 25F, 33 -- Termination - No permission was obtained and admittedly the order of retrenchment relied upon by the Management had been passed when there was reference before the Labour Court for adjudication - The reference had been made in this case and instituted before the Labour Court on 18.7.1989 and the alleged retrenchment..........
Evidence Act, 1872, Section 74, 76, 77 -- Judgment of court - Public document - Proof of contents thereof - Held, judgment of court is a public document in terms of Section 74 of the Act - In terms of Section 77 of the Act, certified copy thereof can be produced in proof of contents of public document - Where law provides for production of copy of judgment/order of court,..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Insurance Act, 1938, Section 64UM -- Insurance policy - Stock broking business - Business peril - Insurance claim - Repudiation - Loss caused by business peril - Burden of proof - To be eligible under Section 1(c) of the insurance policy for indemnification of a loss claimed to have been suffered the assured would..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Insurance Act, 1938, Section 64UM -- Insurance policy - Stock broking business - Business peril - Insurance claim - Repudiation - Loss caused by business peril - Burden of proof - To be eligible under Section 1(c) of the insurance policy for indemnification of a loss claimed to have been suffered the assured would..........
Criminal Procedure Code, 1973, Section 221 -- Separate charge - Framing of - Trail court has framed charge u/s 306 IPC and 3/4 of the DP Act - Charge u/s 304(Part I)PC has already been framed on the same day - Held, both offence are distinct in nature - One of the charge is with regard to suicide and second charge is with regard to homicide - According to the provisions of..........
Hindu Marriage Act, 1955, Section 9, 13 -- Divorce petition - Restitution of conjugal rights - Petition under Section 13 of the Act filed by husband and petition u/s 9 of the Act filed by wife - Those were not consolidated before concluding the evidence in petition under Section 13 of the Act - Held, learned trial Court has rightly observed that evidence recorded in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(6) -- Challenge to action taken by Gram Panchayat to allot residential plots to families of weaker section of Society, out of land which is Maqbuza charand/Banjar Qadim/Panchayat Deh - Grievance of petitioner that they, as proprietors and other share holders of MC are in actual physical possession thereof..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(o) -- Consumer - Service - Post Retirement Complementary Passes - Held that service in question even though freely provided by the OP Authority to its employee including retired employee would be service within definition of Section 2(1)(o) of the CP Act - Fora below held right in categorizing the dispute between the..........
