Consumer Protection Act, 1986, Section 27,25 -- Application u/s 25/27 of the Act for enforcement of the order dated 12.7.2000 of the District Forum - Objections filed by OP rejected - Held that the applicability of Section 27 of the Act was not dependant upon the proceedings u/s 25 of the Act and independent resort could be had to the provisions of Section 27 of the Act -..........
Consumer Protection Act, 1986, Section 21, Insurance Act, 1938, Section 64UM -- Insurance claim - Correctness of the estimate of loss made by the surveyor disputed by the insurance under proviso to section 64-UM of the Insurance Act but State Commission directed the Insurance Company to pay the amount as estimated by the Surveyor - In first appeal National Commission not..........
Stamp Act, Section 38, 33, 35, 40 -- Document insufficiently stamped - Failure to pay amount fixed by Court - Cannot be the sole basis for dismissing suit - Section 35 empowers Court to direct party who wants document insufficiently stamped to be acted upon, to pay stamp duty or deficient portion together with penalty, for enabling document to be admitted in evidence -..........
Hindu Adoptions and Maintenance Act, 1956, Section 12, 13 -- Adoption - Rights of adoptive parents to dispose of their property - Is subject to agreement between parties - No implied contract restricting rights to dispose of properties - Natural father's unilateral letter offering to give in adoption and letter stating that adopted son will alone get adoptive father's..........
Service -- District Judge - Transferred and posted as Presiding Officer of Industrial Tribunal/Labour Court - Continues to be in Judicial Service under the control of High Court - Not entitled to continue in office beyond 60 years prescribed for judicial service - Section 7C of Industrial Disputes Act does not help him to continue in service upto 67 years of age...........
Indian Penal Code, 1860, Section 302, 120B, 109 -- Murder - Criminal conspiracy - Charge against appellant and co-accused that they murdered appellant's love - Motive that deceased refused to get abortion allegedly conceived through appellant - Co-accused stabbed her to death - Co-accused convicted to life sentence - No eye witness - Circumstantial evidence - No positive..........
Consumer Protection Act, 1986, Section 2(1),(b),(ii) -- Complainant - Housing - Complaint by Allottees Welfare Association a registered body under the Societies Registration Act, 1860 - Preliminary objection that complainant have themselves registered subsequent to the service rendered by the respondents to the allottees hence not eligible to file complaint repelled - Held..........
Administration of Evacuee Property Act, 1950, Section 8(2), 7, 58 -- Properties of evacuee which stood vested in Custodian under Section 5 Pepsu Administration of Evacuee Property Ordinance, 2006 BK since repealed by Section 58 Administration of Evacuee Property Act - Shall continue to be vested in Custodian under Section 8(2) of the Act - Declaration under Section 7 - Not..........
Chandigarh Housing Board (Allotment, Management and Sale of Tenaments) Regulations1979 -- Regulation 6(1) - Words 'a residential plot or house' - Includes a flat constructed for residential purposes on 2nd or 3rd floor of a shop on ground floor - Concessional scheme not intended to benefit more than one member of the family - Haryana Housing Board Act, 1971, Section 74...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- If one party demands the opposite party to appoint an arbitrator and the opposite party does not make an appointment within 30 days of the demand, the right to appointment does not get automatically forfeited after expiry of 30 days - If the opposite party makes an appointment even after 30 days of the demand, but..........
