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,..........
Punjab Municipal Act, 1911, Section 172, 172A, 195, 195 -- Notices issued by the Committee under Section 172, 195, 195 A to remove encroachment - Plaintiff filed injunction suit against the Committee - Plaintiff should avail remedy provided under the Act - Jurisdiction of civil court is specifically barred under Section 172-A of the Act and implied barred under third..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) , 15.3.2003) -- Consumer - Commercial purpose - Transportation service - Plea that complainant a carrier had booked consignment belonging to different persons under goods receipts and loaded different consignment in the vehicles belonging to the OP - petitioner - Short delivery of the consignment by petitioner - Complaint..........
