Consumer Protection Act, 1986, Section 2(1),(g), Insurance Act, 1938, Section 64(v),(b) -- Insurance claim - Janata Personal Accident Policy - Repudiation - Ground that cheque for premium not honoured - Cheque dated 4.3.1997 issued for premium and Insurance policy issued on 10.3.1997 - Cheque sent for collection by Insurance Company on 2.4.1997 when the husband of the..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 197 - - Section for prosecution - Use of expression, "official duty" - Meaning of - Held, implies that the act or omission must have been done by public servant in course of his service and that it could have been in discharge of his duty - Section does not extend its protective cover to every act or omission done by..........
Prevention of Terrorism Act, 2002, Section 32, 52 -- Confession - Peremptory provisions embodied in S.32 of POTA are laid down as under : (a) The police officer shall warn the accused that he is not bound to make the confession and if he does so, it may be used against him; (b) The confession shall be recorded in an atmosphere free from threat or inducement and shall be in..........
Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d), 2(1)(e), 2(1)(f), 3(1)(2) -- Violation of Sales Tax and Excise Laws - Provisions of the MCOCA 1999 do not apply - To apply the provisions of MCOCA something more in the nature of coercive acts and violence in required to be spelt out so as to bring the unlawful activity complained of within the definition..........
Maharashtra Control of Organised Crime Act, 1999, Section 23(1)(a), 23(2) -- Offence under MCOCA - Investigation cannot be commenced without the prior approval of a police officer not below the rank of Deputy Inspector General of Police - There is also an additional protection under sub-section (2) of S.23 which prohibits any Special Court from taking cognizance of any..........
Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d), 2(1)(e), 2(1)(f), 3(1)(2) -- Violation of Sales Tax and Excise Laws - Provisions of the MCOCA 1999 do not apply - To apply the provisions of MCOCA something more in the nature of coercive acts and violence in required to be spelt out so as to bring the unlawful activity complained of within the definition..........
Maharashtra Control of Organised Crime Act, 1999, Section 23(1)(a), 23(2) -- Offence under MCOCA - Investigation cannot be commenced without the prior approval of a police officer not below the rank of Deputy Inspector General of Police - There is also an additional protection under sub-section (2) of S.23 which prohibits any Special Court from taking cognizance of any..........
Industrial Disputes Act, 1947, Section 2(s), 25F -- Workman - Retrenchment - Petitioner comes within the definition of a `workman' in terms of Section 2(s) of the Act - He has rendered 240 days of continuous service in the year - Irrespective of whether he was a daily wager or not, the natural consequence thereof is the conclusion that the provisions of Section 25F of the..........
Industrial Disputes Act, 1947, Section 25F,25G,25H -- Termination - The respondent/management failed to appear before the Labour Court - The only evidence available on record was that which were adduced by the petitioner-workman - It remains unrebutted - There was no occasion for the Labour Court to arrive at a finding that the provisions of Section 25F,25G and 25H were..........
Industrial Disputes Act, 1947, Section 11A -- Relief - Compensation - In lieu of reinstatement - Termination in violation of Section 25F of the Act - Workman had worked with respondent No.2 for less than a year - As on date his services stand terminated for more than 20 years - Having failed to contribute to the respondent in any material way, it is not found to be a fit..........
