Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Government Saving Banks Act, 1873, Section 15 -- Post Office Time Deposit Account - In terms of Notification issued by the Central Government no Time Deposit to be made or accepted on behalf of any institution w.e.f. 1.4.1995 - Deposit made by appellant and the same accepted by Post Master because of the lack of..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Government Saving Banks Act, 1873, Section 15 -- Post Office Time Deposit Account - In terms of Notification issued by the Central Government no Time Deposit to be made or accepted on behalf of any institution w.e.f. 1.4.1995 - Deposit made by appellant and the same accepted by Post Master because of the lack of..........
Civil Procedure Code, 1908, Section 100, Order 42, Rule 2 -- Second appeal - Substantial question of law - Power of Court - Held, Court can hear, for reasons to be recorded, appeal on any other substantial question of law, not formulated by it, if it is satisfied that case involves such question - R.2 of O.42 Code further provides that it shall not be open to appellant to..........
Protection of Human Rights Act, 1993, Section 21(5) - - Jurisdiction - NHRC declined to entertain the complaint, and had passed a general order to forward it to the appropriate authority - He did not even name the authority to whom it had to be forwarded - On account of some inexplicable reason, perhaps fortuitous circumstance and ministerial act, got forwarded to..........
Industrial Disputes Act, 1947, Section 2(oo), 25F, 33 -- Termination - No permission was obtained and admittedly the order of retrenchment relied upon by the Management had been passed when there was reference before the Labour Court for adjudication - The reference had been made in this case and instituted before the Labour Court on 18.7.1989 and the alleged retrenchment..........
Evidence Act, 1872, Section 74, 76, 77 -- Judgment of court - Public document - Proof of contents thereof - Held, judgment of court is a public document in terms of Section 74 of the Act - In terms of Section 77 of the Act, certified copy thereof can be produced in proof of contents of public document - Where law provides for production of copy of judgment/order of court,..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Insurance Act, 1938, Section 64UM -- Insurance policy - Stock broking business - Business peril - Insurance claim - Repudiation - Loss caused by business peril - Burden of proof - To be eligible under Section 1(c) of the insurance policy for indemnification of a loss claimed to have been suffered the assured would..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Insurance Act, 1938, Section 64UM -- Insurance policy - Stock broking business - Business peril - Insurance claim - Repudiation - Loss caused by business peril - Burden of proof - To be eligible under Section 1(c) of the insurance policy for indemnification of a loss claimed to have been suffered the assured would..........
Criminal Procedure Code, 1973, Section 221 -- Separate charge - Framing of - Trail court has framed charge u/s 306 IPC and 3/4 of the DP Act - Charge u/s 304(Part I)PC has already been framed on the same day - Held, both offence are distinct in nature - One of the charge is with regard to suicide and second charge is with regard to homicide - According to the provisions of..........
Hindu Marriage Act, 1955, Section 9, 13 -- Divorce petition - Restitution of conjugal rights - Petition under Section 13 of the Act filed by husband and petition u/s 9 of the Act filed by wife - Those were not consolidated before concluding the evidence in petition under Section 13 of the Act - Held, learned trial Court has rightly observed that evidence recorded in..........
