Limitation Act, 1963, Article 112 -- BSNL - Not falls within the expression 'Central Government' as defined u/s 3(8) of General Clauses Act - Article 112 provides limitation in respect of suit filed by Central Government - Suit for recovery by BSNL not governed by Article 112 - General Clauses Act, 1897, Section 3(8)...........
Army Act, 1950, Section 20,22 -- Discharge - Jurisdiction - Quoting wrong provision - Section 20 of the Army Act quoted in discharge order - It does not take away the jurisdiction of the competent authority under Section 22 of the Army Act - The order of discharge of the appellant from the army service cannot be vitiated on this sole ground...........
Delhi Municipal Corporation Act, 1957, Section 95(2)(b)(3) -- Delhi Municipal Corporation Service (Control and Appeal) Regulations, 1959, Regulations 8 and 9 - Termination - Principles of natural justice - Enquiry - Dispensing with enquiry - Appointment of petitioners on the basis of allegedly fake and fraudulent document as detected by Chief Auditor of respondent - No..........
Haryana Panchayati Raj Act, 1994, Section 175(1)(n) -- Illegal Possession - Disqualification of Sarpanch - Permanent construction over shamlat land - Removed much prior to election of Sarpanch - Sand & Rori found on shamlat land - Cannot be termed as encroachment - Public having access to shamlat land - Sarpanch cannot be removed u/s 175(1)(n) for illegal possession of..........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Complainant appointed as a dealer by second respondent on commission/ discount benefit basis - Complainant was rendering service - Law demands 'hiring-of-services' - It was second respondent who had 'hired-the-services' of the complainant - Under no circumstances, the complainant could be said to be a..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Plot allotment - As per condition in allotment letter dated 1.2.2001 complainant was required to make the deposit of the requisite amount within 30 days of the receipt of the allotment letter which he failed - Representation filed on 14.1.2002 before OPs - Complaint instituted on 2.9.2005 - District Forum was duty..........
Workmen's Compensation Act, 1923, Section 4A -- Jurisdiction - Imposition of penalty - The option given to the employer, under sub - section (2) of Section 4 - A of the Act, is subject to determination of compensation and non - payment of due amount to workman or his dependents by way of provisional amount by the employer will attract the payment of penalty, under sub -..........
Consumer Protection Act, 1986, Section 13(1),(c) -- Soft drink - Allegedly contaminated - District Forum did not follow the detailed procedure as prescribed in Section 13(1) (c) and the Haryana Consumer Rule - Findings recorded on the basis of observation with regard to the contents of the bottle which were visible to the naked eyes when the bottle produced after more than..........
Indian Penal Code, 1860, Section 109, 114 -- Distinction between two provisions - S.114 applies where a criminal first abets an offence to be committed by another person, and is subsequently present at its commission - Active abetment at the time of committing the offence is covered by S.109, and S.114 is clearly intended for an abetment previous to the actual commission..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Telegraph Act, Section 7 - B - Telephone bill - Excessive bill - Not complained of any misuse of the line - It is found in the investigation that no fault was found either in the meter or other metering equipments - Such dispute does not fall within the purview of Section 7B of the Act and therefore the Forum ought not to..........
