Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3(1) -- Activity sought to be punished should not be such which can be classified as a mere law and order problem or disturbance of public order or disturbance of even tempo of life of the community of any specified locality but it should be such which cannot be tackled as an ordinary criminal activity..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - It can be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice in the categories of cases viz. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do..........
Consumer Protection Act, 1986, Section 13(4)(5) -- Civil Procedure Code, 1908, Order 2 Rule 2, Order 22 - Res judicata - Civil suit pending before the Civil Court withdrawn by the complainant in view of the objection in the written statement filed in complaint case - Matter not decided by the Commission on merits as it was observed that in case the appellant is entitled in..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Broad principles governing : (i) Power to summon an accused is discretionary and extra-ordinary power, which should be exercised sparingly and only if compelling reasons exist at any stage of case; (ii) The order passed under Section 319 of the Code of Criminal Procedure summoning an..........
Consumer Protection Act, 1986, Section 2(1)(d), Contract Act, 1872, Section 182 -- Consumer - In terms of agreement, LECA was not an agent of the petitioner for sale, purchase, installations of the equipment manufactured by the petitioner - The installation of equipment in the complainant's premises was undertaken by the LECA as an independent entity - If LECA found any..........
Insurance claim -- Exclusion clause - Repudiation - Exclusion clause in insurance policy that treatment arising from or traceable to pregnancy, childbirth including caesarean section' - Complainant had to undergo emergency life saving surgery for ruptured fallopian tube, causing hemorrhage and threatening life - This surgery was not of pregnancy of for pregnancy - As a..........
Workmen's Compensation Act, 1923, Section 3 -- Compensation - Employer's liability - Strain, even normal strain, connected with the employment, was the reason for the death of the workman by heart attack - Normal strain contributed to the death - It falls within the purview of 'arising out of and in the course of employment' contained in Section 3 of the Act...........
Workmen's Compensation Act, 1923, Section 30 -- Appeal - Findings of fact - The finding by Authority that the deceased died of heart attack and death arose out of and in the course of employment based on appreciation of evidence and finding of fact - In an appeal under Section 30 of the Act, normally the High Court would not interfere with the finding of fact recorded by..........
Consumer Protection Act, 1986, Section 17 -- Review/recall of order - Jurisdiction - State Commission - Section 17 of the CP Act does not empower a State Commission to review or recall its own final order on a complaint - State commission exceeds its jurisdiction in recalling/reviewing its own order which had attained finality in view of National Commission's order...........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Scope - For bringing in operation of Exception 4 to Section 300 IPC, it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner...........
