Family arrangement -- Law as to - Analysed - (1) A family arrangement can be made orally; (2) If made orally, there being no document, no question of registration arises; (3) If the family arrangement is reduced to writing and it purports to create, declare, assign, limit or extinguish any right, title or interest of any immovable property, it must be properly stamped and..........
Consumer Protection Act, 1986, Section 2(1),(d),3 -- Consumer - Additional remedy - Housing - Flat - Construction of - Booking cancellation - Refund - Plea that with cancellation of booking the service to be provided by the petitioners came to an end and the dispute can be decided only by civil Court repelled - Held that remedy provided under the Act is in addition and not..........
Motor Vehicles Act, 1988, Section 2(14),2(47),3,147 -- Central Motor Vehicles Rule, 1989, Rule 16 - Driving licence - Light Motor Vehicle - Transport vehicle - Vehicle was a 'goods carrier' - It was a 'transport vehicle' falling under clause (47) of Section 2 - Driver of vehicle having licence for Light Motor Vehicles - Licence was not endorsed as required under Section 3..........
Motor Vehicles Act, 1988, Section 2(21),(47),3,147 -- Driving licence - Light Motor Vehicle - Transport vehicle - Liability of insurer - Vehicle was a luxury taxi passenger carrying commercial vehicle - Driver was having licence for Light Motor Vehicles - No endorsement on it as required by Section 3 - Insurer held not liable...........
Motor Vehicles Act, 1988, Section 2(21),(47),3,147 -- Driving licence - Light Motor Vehicle - Transport vehicle - Driving of - Liability of insurer - Vehicle involved in accident was jeep commander made by Mahindra and Mahindar, a passenger carrying commercial vehicle - Driver was having licence for Light Motor Vehicles - No endorsement on it as required by Section 3 -..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - The illustrative categories indicated by this Court are as follows: (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;..........
Consumer Protection Act, 1986, Section 2(1),(c),(g),3, Railways Act, 1989, Section 123,(a),(c),124A, Railway Claims Tribunal Act, 1989, Section 13(1),(a),15 -- Bar of jurisdiction - Additional remedy - The accident took place on account of collapse of the FOB and led to the consequent injuries caused to the Complainant - The definitions of the word 'accident' and 'untoward..........
Consumer Protection Act, 1986, Section 2(1)(o) -- Housing construction - Contract - Agreement between the appellant and the complainant by which the appellant agreed to construct a house and to sell the same to her for consideration - It amounts to service within meaning of Section 2(1)(o) of the CP Act...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Housing construction - Deficiency in service - The appellant agreed to construct a house of specific kind and specific quality and to make it available to the complainant but he failed - It clearly falls in the definition of deficiency in service as defined in Section 2(1)(g) of the Act...........
Consumer Protection Act, 1986, Section 3 -- Additional remedy Jurisdiction of Fora - Plea that Consumer Fora has no jurisdiction in view of provision for 'arbitration in the hire-purchase agreement' repelled - Section 3 of the CP Act, 1986 clearly stipulates that this is an 'additional remedy'...........
