Consumer Protection Act, 1986, Section 2(1)(f) , 13(1)(c) -- Manufacturing defect - Procedure - Chocolate - Defect in chocolate - Worm infested - Not got analyzed at an appropriate and authorized laboratory competent to carry out such tests, in accordance with the mandatory provisions of Section 13(1)(c) of the Act - The sample got tested by complainant from Lifeguard..........
Criminal Procedure Code, 1973, Section 482 -- Allegation of mental harassment - No material to show that accused wanted deceased to stay separately from his parents - Ingredients of Section 306 were not established - Proceedings were quashed by High Court - High Court was right in exercising its jurisdiction u/s 482 of the Code - Appeal dismissed...........
Evidence Act, 1872, Section 113B -- Presumption - Available only on proof the following essentials : (1) The question before the court must be whether the accused has committed the dowry death of a woman. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304-B IPC.); (2) The woman was subjected to cruelty or..........
Industrial Disputes Act, 1947, Section 2(k) , 2(s) , 10 -- Industrial dispute - Reference - Maintainability - Since a finding has been given that there did not exist a relationship of employer and employee between the claimants and Management there was no industrial dispute - As there was no industrial dispute, there could have not been a reference by the Appropriate..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - In order to bring application of Section 138 the complaint must show: (1) That Cheque was issued; (2) The same was presented; (3) It was dishonored on presentation; (4) A notice in terms of the provisions was served on the person sought to be made liable; (5) Despite service of notice, neither any..........
Land Acquisition Act, 1894, Section 4, 6, 11, 18 -- Land acquisition - Compensation - Comparable sales - Speculation is reduced to minimum if the underlying principles of fixation of market value with reference to comparable sales are made: (i) when sale is within a reasonable time of the date of notification under Section 4(1); (ii) it should be a bona fide transaction;..........
Criminal Procedure Code, 1973, Section 482 -- Jurisdiction - Limited Jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure - It is ordinarily for the Magistrate to consider as to whether a case for grant of bail has been made out or not - Similarly, High Court should not have, for all intent and purport, issued the direction for grant of..........
Delhi High Court Act, 1986, Section 10, State of Himachal Pradesh Act, 1970, Section 23, 25 -- Appeal - Under Section 10 of Delhi High Court Act appeal lies against judgment passed by single judge of High Court exercising ordinary civil jurisdiction - Same jurisdiction available to Himachal Pradesh under Sections 23 and 25 of State of Himachal Pradesh Act - Trial court..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - For bringing in operation of Exception 4 to Section 300 IPC it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Setting aside - Principles governing - (i) The words 'sufficient cause for not making the application within the period of limitation' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case - The words..........
