Consumer Protection Act, 1986, Section 3 -- Additional remedy -Arbitration clause - Complaint maintainability - Housing - Flat allotment -Dispute as to - Plea that complaint not maintainable as there is arbitration clause in the agreement repelled - Held that arbitration clause does not create any bar to the filing of a complaint in the Consumer Fora - Section 3 of the CP..........
Negotiable Instruments Act, 1881, Section 138, 141, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Cheque issued by a company dishonoured - Who may be prosecuted for offence committed by company - (i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to..........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Termination - Reinstatement - Back wages - Termination of service of the petitioner - workman without following the mandatory provisions of Section 25F of the Act - Direction by the Labour Court to reinstate him with continuity of service and 50% of back wages - The workman was working purely on temporary and ad hoc..........
Industrial Disputes Act, 1947, Section 2(oo), 25B, 25F, 25G -- Termination - Continuous service - Evident from record that workman had worked from 7.1.1986 to 31.3.1988 - The contractual agreement will not override the mandatory provisions of Section 25B of the Act - Contention of the petitioner management that since the workman was on contractual basis he was not entitled..........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Petitioner filed petition for grant of default bail on 26.11.2010 at about 11 A.M. and a report was called for from general register section of Court - Section reported submission of charge-sheet at about 2 P.M. on same day - Held, petitioner could not be released on bail u/s 167(2) (a) (i) CrPC inspite..........
Arbitration and Conciliation Act, 1996, Section 8 -- Application u/s 8 of the Act - Limitation - Though S.8 of the Act does not prescribe any time limit for filing application and only states that application u/s 8 of the Act should be filed before submission of first statement on substance of dispute - Scheme of the Act and provisions of section clearly indicate that..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Repudiation - There was no contract of the complainant with the Insurance Company on the date of robbery with respect to the insured car the policy of which was purchased by the previous owner 'K' - Section 157 of the MV Act applies to third party risks not..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(g) -- Consumer - Bonded warehouse - Warehouse services - OP - CWC is the creature of Statute and had established a bonded warehouse for staking consignment till its clearance by Customs Authorities and it was receiving charges for the storage of such consignment - The OP squarely falls within the definition of 'service..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial purpose - Banking service - Withdrawal of amount from account on the basis of stolen cheques - Deficiency in service - The entire matter in the complaint filed by complainant relates to operation of a bank account maintained by a commercial organization for a commercial purpose - The complaint will..........
Industrial Disputes Act, 1947, Section 2(oo) -- Retrenchment - The petitioner was engaged on Muster - Roll and the specific period of last engagement of the petitioner completed on 20.2.1989 - Thereafter she was not engaged on Muster - Roll as the land acquisition papers of the project were completed - It cannot be said that the petitioner was retrenched - Section 25F of..........
