Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Relevant considerations for grant of interim maintenance - (1) Status of the parties; (2) Reasonable wants of the claimant; (3) The independent income and property of the claimant; (4) The number of persons, the non-applicant has to maintain; (5) The amount should aid the applicant to live in a similar life..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(a)(iii) -- Improper reception, refusal or rejection of votes - Election for the office of the Sarpanch - Returned candidate secured to 281 votes - Defeated candidate secured to 280 votes - Election petition - Recount of votes - Returned candidate on recount secured 278 votes and defeated candidate 287 votes - Election..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Electricity bill - Demand of a sum of Rs.5,261/- on the grounds that the premises of the complaint on inspection found the supply being obtained directly - On representation to the authority of HSEB penalty reduced to Rs. 2,008/- Complaint filed before the District Forum allowed - Held that Section 3 of the..........
Consumer Protection Act, 1986, Section 14, Electricity Supply Act, 1948, Section 49 -- Jurisdiction - Consumer Fora - Electricity supply - Held that the licencee or the OP is entitled to set down the terms and conditions for supply of energy under Section 49 of the Act of 1948 - Under these provisions it can frame uniform tariff or unilaterally alter the conditions of..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Savings Bank Act, Section 14 - Post Office Savings Bank Manual, para 42(b) - Post office Savings Bank Account - Refusal to honour cheques twice - Complainant fulfilled the prescribed procedure - Suppression of fact by appellant-OP about issue and making payment on presentation of third cheque - The same not done..........
Adverse possession -- Plaintiff claiming ownership on the basis of adverse possession - Planitiff to show against whom the possession is adverse - Required to plead and prove who is true owner of the property whose title is being denied by him - Mere long possession does not necessarly mean that it is adverse and hostile to true owner. Limitation Act, 1963, Article 65,..........
Arbitration and Conciliation Act, 1996, Section 11(5),21,43 -- Arbitrator - Appointment of arbitrator - Limitation - The embargo for attracting the provisions of limitation is on a date when the arbitral proceedings in a dispute shall commence, on a request for that dispute to be referred to arbitration is received by the respondent - When the request for invoking the..........
Uttar Pradesh Industrial Disputes Act, 1947, Section 2(g), 6N, Industrial Disputes Act, 1947, Section 11A -- Delayed reference - Relief - Industrial dispute raised after 18 years - It was obligatory on the part of the Labour Court to consider that the respondent was in employment for very short period - No findings that the respondent was in continuous service with in..........
Consumer Protection Act, 1986, Section 2(1),(g), Evidence Act, 1872, Section 108 -- Insurance claim - Missing insured - Presumption of death - Decree as to civil death passed in terms of Section 118 of the Evidence Act - Presumption of death has to be concluded from the date of commencement of proceedings i.e. on which date suit for declaration of civil death of insured..........
Consumer Protection Act, 1986, Section 2(1),(o) -- Service - Housing - Shop site - Auction purchase - Jurisdiction - Consumer Fora - The provisions of Section 2(1) (o) defines service and includes housing construction within its ambit - Where the complainant alleges deficiency in service on this account, the District Forum would have jurisdiction to try the complaint...........
