Consumer Protection Act, 1986, Section 2(1)(g), Interest Act, 1978, Section 3, Civil Procedure Code, 1908, Section 34 -- Housing - Plot allotment - Interest rate - Charging on additional amount - Nothing in agreement which provides for rate of interest to be levied on the additional price on account of enhancement of acquisition cost - It has to be in keeping with..........
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...........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Retrenchment - In the event of retrenchment of a workman, employed in any industry, continuously for not less than one year under an employer, compliance with the provisions of Section 25F of the Act, in particular clauses (a) and (b) thereof is mandatory - Conditions which must be satisfied are : (i) the workman is..........
Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 2(c) -- When both the essential of S.2(c) viz. (i) making of quick or easy money, and (ii) it is dependant upon an event or contingency relative or applicable to the enrolment of members into the scheme are present then scheme is squarely covered by the Section...........
Marine Insurance Act, 1963, Section 4 -- Marine insurance - Insurance cover extending 'warehouse to warehouse' - The consignments are covered by insurance not only during the sea journey, but beyond as stated in the policy - Having regard to Section 4 of the Marine Insurance Act and the terms of the policy undertaking insurance cover against wider risks,the policy of..........
Motor Vehicles Act, 1988, Section 147 -- Insurer's liability - Third party - Pillion rider - Held that pillion rider on a two wheeler would not be a third party within the meaning of Section 147 of the Act when the accident has taken place owing to rash and negligent riding of the scooter on the part of the driver of another vehicle - The liability of the insurance company..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - S.141 of the Act provides for a constructive liability - A legal fiction has been created thereby - The statute being a penal one, should receive strict construction - It requires strict compliance of the provision - Specific averments in the complaint petition so as to..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- A document by law required to be registered, if unregistered - Law as to : (1) A document required to be registered is not admissible into evidence under Section 49 of the Registration Act; (2) Such unregistered document can however be used as an evidence of collateral purpose as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 36B, Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction u/s 8/15 NDPS Act - S.36-B of NDPS Act empowers the High Court to deal with the appeal and dispose of the same and exercise all powers conferred by Chapter XXIX and Section 374 Cr.P.C. - When view taken either by Session Judge or..........
All India Institute of Medical Sciences (Amendment) Act, 2007, Section 11(1A) -- Proviso - Constitutional validity - Proviso declared that any person holding office as a Director immediately before the commencement of this amendment shall so far as his appointment is inconsistent with the provisions of this sub-section ceases to hold office on such commencement as such..........
