Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search of accused - Under Section 50(1) of the Act, the officer, who is to search accused, is required to inform person about his right to be searched by a Gazetted Officer or by a Magistrate - If person opts to be searched before a Gazetted Officer or a Magistrate, he shall immediately be taken to the..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- Indian Motor Tariff Rules, GR 17 - Insurance claim - Repudiation - Ground that there was no contract between the complainant No.2 and the Insurance Company as the Insurance Policy was not got transferred in the name of purchaser - The purchaser of the vehicle failed to comply with the..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17A -- Additional evidence - Permissibility - Plaintiff-petitioner had got the signatures on Will compared from a hand-writing expert who had given an opinion contrary to the version of attesting witness - Thereafter signatures sought to be compared by way of additional evidence - Held, it is an appropriate case where..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, 14(1)(d) -- Insurance claim - Arbitration - Additional remedy - Plea that there was an arbitration clause or that the claim is still pending with the Insurance Company and has not been repudiated or that the dispute between the parties is not a consumer dispute so the complaint is not maintainable repelled - No arbitration..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b), Contract Act, 1872, Section 171 -- Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 - Banking service - Overdraft facility - Pledge of LIC policy - General lien - Bankers-' lien - Security letter given by respondent clearly stipulated that the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) and 21(b), Contract Act, 1872, Section 230 -- Goods carriage - Agents - liability - It is the petitioner who has booked the consignment of respondent No.1 and he has received the goods on behalf of respondent Nos. 2 and 3, with undertaking to deliver the same to respondent No.4 - The goods were admittedly delivered..........
Legal Services Authorities Act, 1987, Section 21 -- Lok Adalat - (1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court and as such it is executable by that Court; (2) The Act does not make out any such distinction between the reference made by a civil court and criminal court; (3) There is no restriction on the power of the Lok Adalat to pass an..........
Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 115 -- Suit for possession - Appeal - Maintainability - Held, no appeal lies against decree passed in suit u/s 6 of the Specific Relief Act - However, in such cases where a suit upon title is wrongly treated as a suit u/s 6, an appeal lies - Proper procedure for appellate Court in such case is to..........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 91 -- Insurance claim - Repudiation - On the ground that Loss to brick kiln not covered by the cover note - The cover note has listed out the details pertaining to the insurance policy taken by the respondent No. 2 i.e. the Bank to cover the loan sanctioned to the petitioner - Insurance is only for..........
Negotiable Instruments Act, 1881, Section 138(b), 93 -- Dishonour of cheque - Mode of service u/s 94 of the Act - Held, u/s 93 of the Act, notice is contemplated to be issued by holder of instrument in case of dishonour by no, payment to all parties whom holder of instrument seeks to make severally liable thereon and to some one of the several parties whom he seeks to make..........
