Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM(2) -- Insurance claim - Discharge voucher - If the amount is to be paid only in terms of the report of Surveyor, unless there was amicable settlement between the parties, the only course open to the complainant/petitioner would be either to approach the IRDA in terms of Sub - section (3) of..........
Consumer Protection Act, 1986, Section 2(1)(g), Marine Insurance Act, 1963, Section 60 -- Insurance claim - Vessel broke down - Attempt to refloat the vessel failed - Cost of salvaging the vessel was likely to exceed the salvage value - As the vessel was required to be abandoned, provisions of Section 60 of the Act of 1963 which provides for constructive total loss would..........
Probation of Offenders Act, 1958, Section 6, 3, 4 -- Accused below 21 years of age - Offence when not punishable with imprisonment for life then accused not to be sentenced to imprisonment unless Court is satisfied having regard to the circumstances of the case including the nature of the offence and the character of the offender and Court has to record reasons as to why..........
Minimum Wages Act, 1948, Section 14 -- Overtime - Jurisdiction - Authority under the Minimum Wages Act - Held that notwithstanding the fact that an employee is getting wages in excess of the minimum rate of wages fixed under the Act, Section 14 of the Act would be attracted - Impugned order by which the authority under the Act has been denied jurisdiction to the petitioner..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - To justify a conviction under this section, it is not essential that bodily injury capable of causing death should have been inflicted - Intention can be deduced from the injury actually caused or other circumstances and can also be ascertained without any reference at all to actual wounds - It is not necessary..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Can be said to have taken only when Magistrate applies his mind to the contents of the complaint which must have been done so for the purpose of proceeding u/s 200 and the provisions following that section - Where, however, Magistrate applies his mind only for ordering an investigation u/s 156(3) or issues a..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Can be said to have taken only when Magistrate applies his mind to the contents of the complaint which must have been done so for the purpose of proceeding u/s 200 and the provisions following that section - Where, however, Magistrate applies his mind only for ordering an investigation u/s 156(3) or issues a..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Expression, `official duty' - Meaning of - Held, use of the expression, `official duty' implies that the act or omission must have been done by public servant in the course of his service and that it should have been in discharge of his duty - Section does not extend its protective cover to every act..........
Right to Information Act, 2005, Section 2(g), 2(h) -- Whenever there is even an iota of nexus regarding control and finance of public authority over the activity of a private body or institution or an organization etc. the same would fall under the provisions of Section 2(h) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(d), Provident Funds Act, 1952, Section 15 -- Consumer - Provident fund - Forfeiture of - Plea that respondent being the employee of the appellant was not the consumer qua the appellant inasmuch as the provident fund was being maintained by the appellant and was not governed by the Act repelled - Held that the service provided by..........
