Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - On ground of suppression of material facts about health - Policy can be avoided after two years only if the three conditions of Section 45 applies which are: (a) the statement must be on a material matter or must suppress fact which it was material to disclose; (b) the suppression must be fraudulently made..........
Consumer Protection Act, 1986, Section 10, 14(2A) -- Order of District Forum - Minority opinion of President of the Forum as the two members gave their majority opinion - Plea of the appellant that it is no order as every proceedings referred to be conducted in Section 14(-A) shall be conducted by the President of the Forum and at least one member sitting together and..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Negotiable Instruments Act, 1881, Sections 13(1), 18 and 31 - Banking Services - Complainant's goods hypothecated with Bank - Bank in turn applied for the Insurance Policy in the name of the complainant - Cheque issued towards the premium payment dishonoured by the Bank on the ground that the amount shown in the..........
Indian Electricity Act, 1910, Section 26(6),14(e) -- Electricity meter - Defective metre - Inflated bills - Compensation - Contention that metre running fast consuming more than the actual consumption - Held that complainant complied with clause 14(e) of serving a notice on the respondent of his intention of getting the metre tested as per provision of section 26(6) of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Section 5 of the Limitation Act is applicable to an application filed U.O.9.R.13 CPC...........
Criminal Procedure Code, 1973, Section 164 -- Merely because statement of witnesses is recorded under Section 164 Cr.P.C. that does not automatically dilute the worth of his evidence...........
Industrial Disputes Act, 1947, Section 33(2)(b) -- Whether a dispute is said to be pending before an Industrial Tribunal for the purpose of proviso to Section 33(2) (b) of the I.D. Act, 1947 during the period when operation of the order of reference of dispute itself remained stayed? - The question set out answered in negative...........
Industrial Disputes Act, 1947, Section 9A -- Notice of change - Rationalisation - Rationalisation means to organise scientifically, to organise so as to achieve greater efficiency and economy - This obviously means that in substitution of an earlier method of work a new method is introduced - Notice under Section 9-A of the Act is mandatory if a scheme of ratioanalisation,..........
Industrial Disputes Act, 1947, Section 9A -- Notice of change - Mailing section discontinued by company on account of the increase in printing charges, postages, etc. - Company did not introduce any other method or process of mailing - Therefore action taken by company in discontinuing the mailing Section cannot be termed as rationalisation - Notice under Section 9 A not..........
Industrial Disputes Act, 1947, Section 33(1) -- Applicability of Section 33(1) - It is during the pendency of conciliation proceedings before a conciliation officer that an employer shall not alter to the prejudice of the workmen concerned in the dispute the condition of service applicable to them immediately before commencement of such proceedings - If demands are not..........
