Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r)(3)(b), 14(1)(hb) -- Unfair trade practice - Deficiency in service - Compensation - Coca Cola - Promotion Scheme - Prize winning entry - Appellant created utter confusion about the date of commencement of the scheme and also failed to clarify the selected cities where the scheme was run - Details of the conditions..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Persons interested therein are viz. (a) Persons who not only made contributions or offerings but devoted their time and energy for the preservation of the trust property; (b) Persons who are in the habit of worshiping at and giving subscription to temple; (c) Persons belonging to that section of the public for whose..........
Motor Vehicles Act, 1988, Section 166, 167 -- Death of a married woman in motor accident - Claim petition by her parents-in-law - Held, petition is maintainable - Under Section 15 of the Hindu Succession Act, in the absence of children and husband, on the death of a female, heirs of the husband shall be the legal heirs - The father and mother are the heirs of the husband -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A -- Bar of suspension, remission or commutation of any sentence awarded under the Act as contained in Section 32-A - Constitutional validity - Held, S.32-A, in so far as it takes away right of executive to suspend, remit or commute sentence is valid and intra vires the Constitution of India...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Provision of S.42(2) of the Act is mandatory - Police officer who takes down any information has to reduce in writing and forward the same to the superior officer - This is mandatory provision - Non compliance of this provision will vitiate the trial - Delay in reducing the information in writing and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Police officer who takes down any information has to reduce in writing and forward the same to the superior officer - This is mandatory provision - Non compliance of this provision will vitiate the trial - No information was taken down in writing by the police officer - However, there was oral evidence..........
Indian Penal Code, 1860, Section 307 -- Accused convicted and sentenced to 2 years RI under Section 307 IPC - Incident took place about 20 years ago - Accused by the time has become old - Sentence reduced to already undergone - Fine enhanced from Rs.10, 000/- to Rs.25, 000/-...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Purchase of 62 bags of super-snowcem for the external finish of the hostel building by petitioner a Builder - The petitioner was entrusted with the work of construction of a single seater Hostel of 500 rooms at a cost of Rs.2.5 crores and cannot be termed to be self-employed person working..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Ejectment petition - Leave to contest - Landlord sought eviction of tenant on ground of bona fide requirement u/s 14(1)(e) and 25-B of the Act - Notice under Section 25-B of the Act served on tenant - Tenant failed to file leave to contest application within statutory period - Tenant contended that summons in relation..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i) -- Eviction on ground of bona fide necessity - Failure to plead ingredients of sub-section (b) and (c) in the eviction petition - Held, if parties were fully aware about ingredients of Sub-sec.(b) and (c) at time of leading evidence and both the parties have led evidence on these issues, then petition cannot be..........
