Electricity (Supply) Act, 1948, Section 49, Consumer Protection Act, 1986, Section 2(1)(d)(i), 2(1)(d)(ii) -- Statutes - Interpretation - Title of provision or marginal note - Do not afford legitimate aid to construction of the provision - Use of expression in S.49 of the Act 'supply of electricity' cannot be automatically understood as sale, merely because marginal note..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Insurance Act, 1938, Section 64UM1(A) , 2 , 3 , 4 -- Insurance claim - Surveyor's report - Expert report - Repudiation of claim - Surveyor's report assessed the loss at Rs. 2,50,923 - Claim repudiated on the basis of Expert report - In view of Section 64UM 1(A), 2, 3 and 4 the petitioner company had no competence..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - Ground of suppression of material information about health - The policy had run for more than two years and there was no default in the payment of premium, Section 45 of Insurance Act not applicable - Life Assured had been medically examined by the doctor of..........
Indian Penal Code, 1860, Section 420, 405 -- Word `property' - Meaning of - Held, word `property' is used in IPC in a much wider sense than the expression `movable property' - Whether offence defined in a particular section of IPC can be committed in respect of any particular kind of property will depend not in interpretation of word `property' but on fact whether that..........
Environment (Protection) Act, 1986 -- Rule 3A - Factories Rules, 1952, - Section 5, Factories Act, 1948, - Rice Sheller falls within meaning of factory - Building intended to be used as factory to be raised only after obtaining requisite sanction in terms of Rule 3A - Respondent neither submitted any plans nor any plan sanctioned by competent authority at any time..........
Industrial Disputes Act, 1947, Section 2(oo) , 25 -- B and 25F - Termination - Continuous service - Finding of fact by the Labour Court that the respondent workman has worked for less than 240 days during the last 12 preceding months from the date of her termination - Benefit of Section 25 - F allowed on the ground that workman had in earlier years of her service completed..........
Industrial Disputes Act, 1947, Section 36(4) -- Authorised representative - Legal Secretary - The authorised representative of respondent No. 1 holding a licence under the Advocates Act and is also a member of the District Bar Association - Contention that he would not fall within ambit of Section 36(4) of the ID Act repelled...........
Industrial Disputes Act, 1947, Section 36(4) -- Authorised representative - Legal practitioner - Implied consent - The consent of the party must be specific and so has to be the leave of the Court - It should be at the beginning of the proceedings so that there remains no ambiguity in the status of the legal practitioner who appears after due consent and leave - Implied..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - A copy of a copy, which is not compared with the original, cannot be received as secondary evidence and such copy is inadmissible in evidence as per Illustration (d) of Section 63 of the Act - In the absence of material to that effect that a copy made from a copy has been so compared is not admissible...........
Haryana Municipalities Act, 1973, Section 3, Haryana Municipalities Act, 1973, Section 205, 208 -- Application for sanction of building plan not submitted in form prescribed u/s 3 of the Act - It cannot be taken as a valid application - Rejection of this application - Municipal Committee not supposed to convey decision within 60 days - Site plan would not be deemed to be..........
