Consumer Protection Act, 1986, Section 2(1)(g), Marine Insurance Act, 1963, Section 19 -- Marine insurance - Fishing boat - Repudiation - On the ground that appellant did not act with utmost good faith and claim lodged false and fabricated - Before the State Commission the complainant did not attempt to rebut any of the grounds cited by the OP Insurance Company in its..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife in the house - Accused and deceased alone in the house at the time of occurrence - Held, undoubtedly when any fact is specially within the knowledge of any person, burden of proving that fact is upon him - But for applicability of this principle, husband must be the only person with the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Tenant moved application to take measurements of property in possession of landlady with a view to controvert the plea of personal necessity - Application dismissed - Held, not understandable as to how the measurement of the property can lead to the conclusion that need is not bona..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Employee's State Insurance Act, 1948, Section 53 -- Insurance claim - Plea that there is prohibition u/s 53 of the Act 1948 against receiving or recovery of compensation or damages under any other law where the person is covered under 1948 Act repelled - Appellant has not placed any material on record that the..........
Evidence Act, 1872, Section 118 -- Child witness - Aged 10 years - Case under Section 376 and 302 IPC - Neither tutored nor had any motive to state wrong fact - Stated to the investigation officer at the very first instance what she subsequently deposed in Court - Can be relied upon...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 2(21) -- Insurance claim - Repudiation - Driving licence - To drive Light Motor Vehicle - Laden gross weight of the vehicle which met with an accident is 10,050 kgs. much higher than the prescribed upper limit of 7,500 kgs. under Section 2(21) of the MV Act and it was a medium goods..........
Registration Act, 1908, Section 17(2)(v) -- Proviso, Article 47 of Schedule 1-A, Transfer of Property Act, 1882, Section 54 - Agreement to sell - Unregistered - Admissibility in evidence - Plea that document is compulsorily registrable as entire sale consideration paid and possession also delivered - Recitals in agreement whereby vendor undertook to execute another..........
Criminal Procedure Code, 1973, Section 2(n), 3(38) -- Offence - Meaning - Offence means `an act or instance of offending', `commit an illegal act' and illegal means, `contrary to or forbidden by law'- 'Offence' has to be read and understood in the context as it has been prescribed under the provisions of Sections 40, 41 and 42 IPC which cover the offences punishable under..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii), 2(1)(o) -- Consumer - Service - AIIMS - Plea that AIIMS does not charge any fee/service charge for providing its services and facilities and whatever charges is only towards the actual cost of the consumables etc. hence it is not a `service provider' within the meaning of Section 2(1)(o) of the Act and the complainant is..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Land owner relied on sale deed registered quite close to notification under Section 4 of the Act - Held, sale deed cannot be relied upon as it was registered by one of the persons, whose land was to be acquired merely 13 days thereafter - Effort was to create evidence as the vendor was interested party - Both,..........
