Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 2(c) -- When both the essential of S.2(c) viz. (i) making of quick or easy money, and (ii) it is dependant upon an event or contingency relative or applicable to the enrolment of members into the scheme are present then scheme is squarely covered by the Section...........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Petitioner exercised his right of appeal against order of resumption passed by the Estate Officer - The order passed by Administrator on appeal cannot be challenged under Section 3 of the CP Act - Petitioner complainant would be free to approach the higher authority whosoever it is to seek relief against the..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Bank guarantee - The transaction in this case relating to furnish of Bank guarantee was for a purely commercial purpose within the meaning of Section 2(1)(d) of CP Act - The petitioner could not have invoked the jurisdiction of the Consumer Fora for redressal of their grievance...........
Consumer Protection Act, 1986, Section 24A, Limitation Act, 1963, Section 14 -- Limitation - Exclusion of time - The complainant was indirectly involved for he has purchased property mortgaged by the respondent/OP - The time spent before the DRT not prosecuting his case but just watching his interest would not be excluded in terms of provisions under Section 14 of the..........
Evidence Act, 1872, Section 90 -- Old documents - Presumption attached to 30 years old documents - Presumption - Is not conclusive - S.90 of the Act is based on necessity and convenience to prove old documents in evidence - Presunption relates to execution of document but not to the truth of its contents - Court has to draw presumption or to require proof of its execution..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Own damage claim - Section 157 applies to third party risk and not own damage claim - By the time the car met with accident the petitioner had not even applied for transfer of policy in his favour - He had no locus standi to file the complaint - Repudiation of claim..........
Marine Insurance Act, 1963, Section 4 -- Marine insurance - Insurance cover extending 'warehouse to warehouse' - The consignments are covered by insurance not only during the sea journey, but beyond as stated in the policy - Having regard to Section 4 of the Marine Insurance Act and the terms of the policy undertaking insurance cover against wider risks,the policy of..........
Indian Penal Code, 1860, Section 498, 498A, 34 -- Offence u/ss 498, 498-A, 34 - Under section 498-A IPC it is the husband or the relative of the husband of a woman who subjects such woman to cruelty can be prosecuted and punished - A woman who gets married with a man who is married and whose wife is living cannot be termed as relative of husband as such she cannot be..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Service - Provident Fund Organization - Plea that appellant/OPs is a statutory Body and complaint against it not maintainable repelled - Held that the employees of the Provident Fund Scheme which levies administrative charges for the service rendered is covered within the ambit of service as defined in the CP Act..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Plot allotment - Oustees scheme - Petitioners received compensation for the acquired land - Allotment of residential plot under the oustees scheme is made as a gesture of goodwill - No element of 'hiring of service for consideration' of the respondent authority by the petitioners involved in such allotment -..........
