Industrial Disputes Act, 1947, Section 2(s) -- Workman - Secretary - Cooperative Society - Held to be a 'workman' as defined under Section 2(s) of the ID Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 4 -- Insurance claim - Driving licence - Driver was underage to have obtained the driving licence as per Section 4 of the MV Act, 1988 - Order of the District Forum allowing the claim of respondent liable to be quashed - Respondent given liberty to take action against the driver as well as..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Advocate - Legal services - Deficiency in service - In civil suit filed by respondent on instructions of petitioner Court passed interim orders - Respondent had been appearing on each and every date of hearing - It cannot be held that there was any deficiency in service on the part of the respondent - Findings recorded by..........
Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B Evidence Act - Presumption available only on proof the necessary essentials viz. (1) The question before the court must be whether the accused has committed the dowry death of a woman (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304B..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Machine - Defect during warranty period - Held that even if the machinery is sold for commercial purpose the purchaser will be consumer under Section 2(1)(d) during the period of warranty...........
Consumer Protection Act, 1986, Section 2(1)(d) , 2(1)(g) -- Consumer - Commercial purpose - Deficiency in service - Compensation - Charging of money for organising event in the space allocated - Air conditioning in the indoor stadium being insufficient and there being leakage from the roof of the stadium - Since cause of action arose in 1998 prior to amendment of Section..........
Consumer Protection Act, 1986, Section 2(1)(d) , 2(1)(f) -- Consumer - Commercial purpose - Defect - Diesel Engine - Compensation - Since cause of action arose in 1998 prior to amendment of Section 2(1)(d) of the Act in 2003 - Issue of defects occurring within warranty period - Respondent held to be consumer - Order of the State Commission holding appellant deficient in..........
Land Acquisition Act, 1894, Section 4, 6, 5A, 17 -- Acquisition of land for public purpose by invoking urgency provisions, for construction of approach road - Govt. took more than three months for issuance of notification - No decision taken by the Govt. for dispensing with the provisions of Section 5-A of the Act to invite objections - Held, mere issuance of notification..........
Consumer Protection Act, 1986, Section 25 , 27 -- Execution proceedings - Legal representatives - Held that legal heirs of the deceased cannot be proceeded under Section 27 of the Act - However procedure envisaged under Section 25 of the Act can be invoked in respect of the properties of the deceased which is available in the hands of the legal representatives...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Government hospital - Registration - Token amount - Eye Surgery - For cataract - Surgery done by respondent not at his resident but in a Government Medical College - Token amount of Rs. 80/ - towards registration to the Medical College will not amount to charge being paid for surgery per se and shall not..........
