Consumer Protection Act, 1986, Section 2(1)(d), Factories Act, 1948, Section 2(m) -- Consumer - Commercial purpose - Factory - Manufacturing process - Industrial plot - Applied for establishment of factory - A plain reading of provisions of Factories Act section 2(k) and 2(m) make it clear that the intention of the respondent - complainant is for from earning any..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Impleading of L.R's - Non impleadment - Abatement - Setting aside abatement - S.5 Limitation Act applies to an application filed U.O.22.R.9 CPC - An application for setting aside abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5..........
Indian Penal Code, 1860, Section 34 -- Common intention - Two or more accused should be present and two factors must be established i.e. common intention and participation of the accused in the crime - Provision of S.34 IPC involves vicarious liability and therefore, if intention is proved but no overt act is committed, the section can still be invoked...........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 45 -- Insurance claim - Opinion by expert - Section 45 of the Evidence Act empowers the court, in order to form opinion upon a point of foreign law or of science or of art, or as to identity of handwriting or finger impressions, to rely upon the opinions of person specially skilled in such matters..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyors - Appointment of successive surveyors - The calculation by the Joint Surveyors of amount of loss suffered by the Respondent - Company on account of fire - Order of the National Commission excluding the report of 'J' the second Surveyor which was..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 126, 127 -- Electricity theft - There is nothing to demonstrate on behalf of petitioner - complainant that there was any need for a prior notice before inspection or any factual inaccuracy in the findings of the inspecting team regarding tampering of the electricity meter, nor installation of..........
Civil Procedure Code, 1908, Section 35, 35A, 35B, 89 -- Costs - Lack of appropriate provisions relating to costs has resulted in a steady increase in malicious, vexatious, false, frivolous and speculative suits, apart from rendering Section 89 of the Code ineffective - There is urgent need of suitable amendment of these provisions...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant produced all the material documents like cheque, intimation of bank with endorsement `insufficient funds', copy of notice, postal receipt, postal acknowledgement, etc. - Complainant gave certain dates in the complaint - Held, merely because complainant did not remember the dates which were..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused living in Sharjah - Accused contended that before issuing process, Magistrate should himself enquire into the case or direct investigation to be made by a police officer for the purpose of deciding whether or not there is sufficient evidence for..........
Civil Procedure Code, 1908, Section 35, 35A, 35B, 89 -- Costs - Lack of appropriate provisions relating to costs has resulted in a steady increase in malicious, vexatious, false, frivolous and speculative suits, apart from rendering Section 89 of the Code ineffective - There is urgent need of suitable amendment of these provisions...........
