Civil Procedure Code, 1908, Section 100 -- Scope - (i) The High Court would be justified in admitting the second appeal only when a substantial question of law is involved; (ii) The substantial question of law to precisely state such question; (iii) A duty has been cast on the High Court to formulate substantial question of law before hearing the appeal; (iv) Another part..........
Punjab Pre-emption Act, 1913, Section 4, 15 -- Sale of land described as Gair Mumkin Bara in the revenue record - Held, co sharer of land not entitled to pre-emption even though it is not an agricultural land - It shall remain village immovable property if the land is situated in the village and the provisions of Section 15 of the Act shall be applicable to such land...........
Criminal Procedure Code, 1973, Section 145(4) -- Magistrate when proceeds under the proviso to sub-section (4), he may restore possession to the party forcibly and wrongfully dispossessed...........
Insurance claim -- Repudiation - Non standard claim - Violation of terms and conditions of policy - Vehicle insured as private vehicle used as taxi when it was stolen - Order passed by the fora below directing the petitioner - Insurance Company to settle the claim on non standard basis to pay 75% of the admissible claim warrant no interference under Section 21(b) of the CP..........
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..........
