Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157(2) -- Insurance claim - Repudiation - Insurable interest - Transfer of vehicle - Change in terms of Section 157(2) of MV Act not got effected in the insurance policy - Policy further got renewed in the name of previous owner - Held that there being no agreement of transfer of the..........
Tape recorded conversation -- Can be used for corroboration and also for contradiction. A previous statement, made by a person and recorded on tape, can be used not only to corroborate the evidence given by the witness in Court but also to contradict the evidence given before the Court, as well as to test the veracity of the witness and also to impeach impartiality. Apart..........
Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Inherent powers - Exercise of - Held, S.320(9) Cr.P.C. provides that no offence shall be compounded except as provided by that Section - Therefore, High court in exercise of its inherent powers u/s 482 Cr.P.C. cannot pass an order which has been specifically prohibited under the Code of Criminal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 52A -- Accused found in possession of 1 Kg of opium - Case property not produced during trial - At the time of production of accused an application moved under Section 52-A for disposal of property which was allowed - Held, non production of case property will have no adverse effect on prosecution case...........
Industrial Disputes Act, 1947, Section 11A -- Punishment - Substitution of - Alleged misconduct with his colleagues by workman due to mental disorder - He was admitted to hospital after this incident - There was no such complaint against him in the past - Held that there existed a mitigating circumstance and extenuating factor to reduce the punishment - Ld. Labour Court..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15 -- Confession - Recording of - Guidelines : (1) The confession should be recorded in a free atmosphere in the same language in which the person is examined and as narrated by him; (2) The person from whom a confession has been recorded under Section 15(1) of the Act, should be produced before the Chief..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15 -- Even if a person is acquitted of the charge under the Act, a confession recorded under Section 15 can be used for convicting him for an offence under other enactments including IPC...........
Consumer Protection Act, 1986, Section 13(1)(c) -- Procedure - Defective seeds - Expert opinion - Invoking Section 13 of the Act plea by appellant that consumer - respondents failed to produce any expert opinion and analysis repelled...........
Industrial Disputes Act, 1947, Section 11A -- Termination - On different occasion in 1977 when bus being conducted by the petitioner was checked by the inspecting staff he was found to have collected the bus fare without issuing the requisite tickets to the passengers - The charges were supported by the Inspectorate staff - Held that the Labour Court is not obliged to..........
Consumer Protection Act, 1986, Section 1(m) -- The word 'person' - Plea that the Central Government or State Government did not come within the definition of word 'person' as defined in Section 2(1)(m) hence impliedly excluded from the provision of the CP Act and complaint not maintainable against the Government repelled - Held that the Department of Telecommunications is..........
