Industrial Disputes Act, 1947, Section 25FFF, 25F -- Scope - In order to attract Section 25FFF it is not necessary that the entire establishment of an employer should be closed - If a unit or part of an undertaking which has no functional integrity with other units is closed, it will amount to closure within the meaning of Section 25FFF of the Act and workmen are only..........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Agency - Public Provident Fund Scheme - Failure to pay commission to the respondent complainant an agent by petitioner OP - Complaint filed under the Act - Held that without fulfilling the ingredients as envisaged by Section 2(1) (d) (ii) the respondent cannot be a 'consumer' so as to maintain complaint..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Seeds Act, 1966, Section 5 -- Seeds - Hybrid Cotton Seed variety CAHH-468 - Expert report - The seed material was drawn from the unsold stock of seed of this particular variety and procured from the producers as also from the District Seed Certification Officer - Field test found the dealer and the State Seed..........
Consumer Protection Act, 1986, Section 2(1),(g), Electricity Act, 1910, Section 16(1) -- Electricity connection - Digging charges - Section 16(1) of the Act relevant only when the connection has to be given by laying line, circumventing the premises of the habitants in between the two points - Since line was to be taken from over the property of 'S' they could not have..........
Waiver -- A rule of conduct - Contractual - An agreement to release or not to assert a right - To constitute waiver there must be an intentional relinquishment of a known right or voluntary relinquishment or abandonment of a known existing legal right - Or conduct such as warrants on interference of relinquishment of known right or privilege. Bashesher Nath's case AIR 1959..........
Consumer Protection Act, 1986, Section 2(1),(d),(i),&,(2(1),(d),(ii), (priortoamendment,in,2003) -- Consumer - Commercial purpose - Complaint maintainability - Machine Swelab Auto Counter purchased by the appellant Hospital - It was found to be non-functional during the warranty period - Held that complaint was maintainable even though the hospital was using the machine..........
Housing -- Non construction fee - Grant of extension - Refund of fee - Having obtained extension upto 31.12.2005 after depositing the requisite sum and furnishing undertaking pursuant to the letter dated 21.3.2005, the petitioner cannot turn around and seek refund of the deposited amount with interest on the ground of non-construction fee being chargeable - No illegality..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Vendor executed another sale deed - Suit for specific performance by first vendee - Second vendee closely related to vendor - Provision of Section 19(b) not attracted - Cannot be said that transferee had no notice of the earlier contract...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Agency agreement - Complainant was National Savings Scheme Agent - Amount of commission for collection of NSS not made by appellant OP to respondent complainant - Held that respondent complainant is not a 'consumer' and does not fall within the definition of Section 2(1) (d) of the CPA - Order of the District..........
Industrial Disputes Act, 1947, Section 2(oo),(bb), 25F -- The employment was for a specific project - The order of the High Court proceeded on the basis that because there was non-compliance with the requirements of Section 25-F - The basic question relating to applicability of Section 2(oo) (bb) of the Act has been completely lost sight of - Matter remitted to the..........
