Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 45 -- Insurance claim - Opinion by expert - Section 45 of the Evidence Act empowers the court, in order to form opinion upon a point of foreign law or of science or of art, or as to identity of handwriting or finger impressions, to rely upon the opinions of person specially skilled in such matters..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyors - Appointment of successive surveyors - The calculation by the Joint Surveyors of amount of loss suffered by the Respondent - Company on account of fire - Order of the National Commission excluding the report of 'J' the second Surveyor which was..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 126, 127 -- Electricity theft - There is nothing to demonstrate on behalf of petitioner - complainant that there was any need for a prior notice before inspection or any factual inaccuracy in the findings of the inspecting team regarding tampering of the electricity meter, nor installation of..........
Civil Procedure Code, 1908, Section 35, 35A, 35B, 89 -- Costs - Lack of appropriate provisions relating to costs has resulted in a steady increase in malicious, vexatious, false, frivolous and speculative suits, apart from rendering Section 89 of the Code ineffective - There is urgent need of suitable amendment of these provisions...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant produced all the material documents like cheque, intimation of bank with endorsement `insufficient funds', copy of notice, postal receipt, postal acknowledgement, etc. - Complainant gave certain dates in the complaint - Held, merely because complainant did not remember the dates which were..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused living in Sharjah - Accused contended that before issuing process, Magistrate should himself enquire into the case or direct investigation to be made by a police officer for the purpose of deciding whether or not there is sufficient evidence for..........
Civil Procedure Code, 1908, Section 35, 35A, 35B, 89 -- Costs - Lack of appropriate provisions relating to costs has resulted in a steady increase in malicious, vexatious, false, frivolous and speculative suits, apart from rendering Section 89 of the Code ineffective - There is urgent need of suitable amendment of these provisions...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Appellants - OP's refunded the amount on request of the respondent - complainant after deducting 10% of the total consideration vide cheque dated 25.8.2003 which was accepted by the complainant without any protest - Complaint file on 13.12.2005 i.e. beyond the prescribed period of two years as provided in Section..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xv) -- Opium - (1) For a substance to be regarded as opium, it must fall under either of the two categories mentioned in Section 2(xv) of the NDPS Act; (2) In case the substance in question falls under the first category mentioned in Section 2(xv), that is, it is the coagulated juice of opium poppy, then it..........
Kerala Anti Social Activities (Prevention) Act, 2007, Section 8, 10(2), 15 -- Order of restrain passed against brother of petitioner on the ground that he is a known goonda u/s 15(1) of the Act - Order upheld by the Advisory Board constituted u/s 8 of the Act - Provisions of Section 10(2) of the Act control and guide exercise of Board u/s 15(2) also - Held, unanimous..........
