Consumer Protection Act, 1986, Section 2(1)(d)(i) -- Consumer - Commercial purpose - Complaint maintainability - Contract for developing software system and to provide various modules for performance and to provide one year warranty - Defect in the modules during the warranty period and when called upon to remove the defect the same was not removed - The software in..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- (Prior to Amendment Act, 2002) - Consumer - Commercial purpose - Complaint maintainability - The complaint noted defects in the modules as also shortcomings in OP's services during the warranty period in the year 2000 - The grievance of the complainant that the services during the warranty period not provided and..........
Consumer Protection Act, 1986, Section 2(1)(d)(i) -- (As amended by Amendment Act, 2002) - Consumer - Commercial purpose - Complaint maintainability - Contract for developing software system and to provide various modules for performance and to provide one year warranty - Defect in the modules during the warranty period and when called upon to remove the defect the same..........
Statute -- Nature of - Retrospective or prospective - Unless there are words in the statute sufficient to show the intention of the legislature or by necessary implication made to have retrospective operation, it is deemed to be prospective only - Retrospective legislation is never presumed - When language of a particular provision is plain and unambiguous, then the same..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Two specific instances taken note of in order to ascribe a meaning to the word 'cruelty' is expressed in Explanation (a) involves three specific situations viz. (i) to drive the woman to commit suicide or (ii) to cause grave injury or (iii) danger to life, limb or health, both mental and physical, and thus involving a..........
Indian Penal Code, 1860, Section 398, 511, Evidence Act, 1872, Section 3 -- Attempt to commit robbery - Seizure of knives from the possession of accused in presence of panches at the scene of offence - Panches not examined - Allegation that accused were holding clubs, but no club seized from the accused - Also no evidence to prove that knives seized were deadly weapons so..........
Consumer Protection Act, 1986, Section 2(1)(d), 14(1)(d) -- Medical negligence - Consumer - Plea that complainant is not consumer since she has not paid anything to the OPs hence not a consumer - Held that OP's are taking advantage of the fact that complainant had not produced on record the receipt for the payment of fees to Millennium Hospital, but payment or no payment..........
Consumer Protection Act, 1986, Section 2(1)(d), 14(1)(d) -- Medical negligence - Consumer - Plea that complainant is not consumer since she has not paid anything to the OPs hence not a consumer - Held that OP's are taking advantage of the fact that complainant had not produced on record the receipt for the payment of fees to Millennium Hospital, but payment or no payment..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g) -- Unauthorized possession - Petitioner raising question of title - In jamabandi for the year 1981-82, Abadi deh depicted as owner while Maqbuja abadi deh (gairmumkin abadi) has been described in the column of cultivation - If that is so, then the contention of petitioner that such abadi deh is excluded..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted and undergoing sentence in a criminal case - Subsequently convicted in another case - No prayer made for concurrent running of sentences - Judgment pronounced - After judgment, court cannot have resort to provisions of Section 427 to make sentences run concurrently - Remedy is..........
