Consumer Protection Act, 1986, Section 2(1)(g), Carriers Act, 1865, Section 10 -- Carriers service - Notice of loss or injury - Notice to agent is sufficient, adequate and constructive notice to carriers for the purpose of Section 10 of the Carriers Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Carriers Act, 1865, Section 10 -- Carriers service - Notice of loss or injury - Driver of the carrier had made an endorsement on the reverse page of the document on 5.3.1998 to the effect that the goods booked in the box and box was found broken and goods were in damaged condition - Complaint filed on 1.4.1998 - Reply to the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Conviction can be maintained solely on the basis of a confession made under Section 67 of NDPS Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 106 -- Medical negligence - Appreciation of evidence - Held that one has to see the evidence in these matters in the light of the fact that a man on the street is pitted against an expert he depends upon doctor's special knowledge about the medicine they administer - They are supposed to maintain..........
Consumer Protection Act, 1986, Section 27A -- Appeal - Order passed under Section 27 - Expression 'both on facts and law' - Appearing in Section 27A(1) means the 'facts' on the basis of which a party is punished and the point of law involved therein while passing punishment under Section 27(1) of the Act...........
Indian Penal Code, 1860, Section 511 -- Commission of an offence and attempt to commit such offence - First step is intention then preparation to commit the offence then move towards the commission of offence - If he succeeds, he commits the offence and if he does not succeed, he only attempts to commit the offence for which he can be punished with the aid of Section 511..........
Industrial Disputes Act, 1987, Section 33 -- C(2) - Pay scales - Parity of pay scale - With regularly employed workman - The forum provided for under Section 33 - C(2) of the ID Act was not the one which the respondent/workman ought to have approached - The application of the respondent/workman ought to have been rejected by the court below in the absence of existing right..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Consequences of 'cruelty', which are either likely to drive a woman to commit suicide or to cause grave injury, danger to life, limb or health, whether mental or physical of the woman or the harassment of a woman, where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Housing - Development Agreement - Construction of building - The arrangement was sharing the number of flats constructed on land - It was the respondent who was to build four floors on the stilt 'at his won cost' - The appellant/complainant could not be said to have hired the services of respondent..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Object of S.311 - Held, main object underlying S.311 of the Code is that there may not be failure of justice on account of mistake of either party in bringing valuable evidence on record or leaving ambiguity in statements of witnesses examined from either side - Determinative factor is whether it is..........
