Indian Penal Code, 1860, Section 34 -- Common intention - Direct proof is seldom available - Can only be inferred from facts and circumstances of the case - To prove the charge of common intention prosecution has to establish by evidence, by direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are..........
Court Fees Act, 1870, Section 7(iv)(c) -- Suit for declaration of ownership - Consequential relief cancellation of release deed - Plaintiff claiming possession of suit land - Not liable to pay advalorem Court Fee - Court Fee to be paid in terms of section 7(iv)(c)...........
Industrial Disputes Act, 1947, Section 2(oo),(bb),25F -- Retrenchment - The workman has been offered appointment with fictional breaks to prevent the petitioner from taking benefit of Section 25(F) of the Act - The appointment order issued in succession to the workman was a camouflage to take out the petitioner-workman from the ambit of Section 25(F) of the Act - The..........
Registration Act, 1908, Section 17(1)(b), 17(1)(c), 17(2)(xii) -- Sale Certificate - Registration, if necessary, or not - A certificate of sale granted to any purchaser of any property sold by a public auction by a civil or revenue officer does not fall under the category of non-testamentary documents which requier registration under sub section (b) and (c) of Section..........
Consumer Protection Act, 1986, Section 15,2nd,proviso -- Appeal - Deposit of amount - Delay - Condonation of delay - Held that 2nd proviso to Section 15 relates to procedure in entertaining the appeal - The appeal may not be entertained for it would suffer from defects - But it could not be said that appeal though defective had not been filed in time - Circumstances..........
Industrial Disputes Act, 1947, Section 2(k),2(ra),10,25T,25U -- Industrial Dispute - Unfair labour practice - Even if an industrial dispute is sought to be raised on the ground of any party engaging in the acts of unfair labour practices, still the mechanism to be followed for redressal of such a dispute has to be the one as prescribed under the Act - Plea taken by the..........
Industrial Disputes Act, 1947, Section 2(s) -- Expression 'workman' - Industrial Relations Executive - The nomenclature is not of any consequence - It has been found as a matter of fact with reference to various factual aspects that the duties undertaken by the appellant overwhelmingly fall in the managerial cadre - The order of the High Court holding that appellant could..........
Electricity supply -- Theft of electricity - Penalty - Imposition of by petitioner-OP - Findings by Fora below that theft of electricity not proved by cogent evidence and quashed the penalty - Reasoning given by the concurrent findings of Fora below does not warrant interference under Section 21(b) of the Consumer Protection Act...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- India Motor Tariff Regulation, GR, 10 - Motor Vehicles Act, 1988, Section 157 - Punitive costs - Insurance claim - Repudiation - Ground that policy was not transferred in favour of the new purchaser - Regulation suppressed by the respondent Insurance Company with regard to the transfer of the vehicle and the..........
Consumer Protection Act, 1986, Section 2(1),(g),3, Post Office Act, 1898, Section 48 -- Additional remedy - Complaint maintainability - Money order - Delay in delivering the amount - The basis for determining the liability for deficiency incurred under the provisions of the Act, 1986 are entirely on a different footing than the liability to the extent laid down in Section..........
