Motor Vehicles Act, 1988, Section 163A, 173 -- Motor accident - Petition under Section 163-A - Petitioner alleging annual income Rs.84, 000/- - This income admitted by employer - During proceedings, he orally gave his income as Rs.3, 000/- per month - Held, oral version contrary to pleadings and hence not acceptable in the absence of documentary evidence...........
Indian Penal Code, 1860, Section 304B, 300 -- Dowry death - Deceased died due to burn injuries - Presence of kerosene oil in Can - Consistent evidence that accused committed cruelty and torture upon deceased in connection with demand of dowry - No conclusive evidence that accused person committed murder of deceased - Death of deceased was within 7 years of marriage - Held,..........
Civil Procedure Code, 1908, Section 102 -- Suit for the recovery of Rs.20000/- dismissed - Appeal filed by plaintiff allowed - Second appeal not maintainable because of bar of Section 102 CPC which provides that no second appeal shall lie from any decree, when the subject matter of the original appeal is for recovery of money not exceeding Rs.25000/-...........
Industrial Disputes Act, 1947, Section 2(oo)(b) -- Retrenchment - Retirement on attaining age of superannuation - Petitioner drawn his retiral benefits - Demand notice after more than two years of his retirement on the basis of a circular claiming extension in service after attaining age of 55 years which is age of retirement - Petitioner did not apply for extension..........
Consumer Protection Act, 1986, Section 2(1)(d)(i) -- Consumer - Commercial purpose - Purchase of JCB Proclaimer by making arrangement of finance from financial company by complainant to be used exclusively for the purpose of earning of his livelihood by means of self employment - There is no evidence on record to the effect that the complainant used the proclainer for any..........
Consumer Protection Act, 1986, Section 14(2 -- A) - Judgment - Proceedings conducted by President and two members - Judgment and order bears the signature of President and one member only - The judgment cannot be said to be judgment in the eye of law in view of provision of Section 14(2 - A) of the Act and liable to be set aside - Matter remanded to the District Forum to..........
Indian Penal Code, 1860, Section 300, 304 -- Part I - Murder - Proof - Husband requiring wife to return to Kerela and wife refusing to do so - Non agreement between husband and wife - Husband committed murder of wife - Held, mere non agreement was at best petty squabble between husband and wife - Not a provocation of a kind which would result in quarrel - Conviction of..........
Industrial Disputes Act, 1947, Section 11A, 33(2)(b) -- Conditions of service - Punishment - During pendency of proceedings - Grant or refusal of approval under Section 33(2)(b) - Exercise of powers u/s 11 - A of the Act by the Labour Court - Labour Court ought not to have interfered with the punishment, for there was always right to challenge the termination order itself..........
Industrial Disputes Act, 1947, Section 17B, 33(2) -- Award - Last wages drawn - The reinstatement ordered u/s 33(2) (b) is not under any award, where the validity of the termination is required to be examined in a reference u/s 10 of the Act - Application of Section 17B, for the benefits under said Section would avail only in a case where a reinstatement is ordered in a..........
Transfer of Property Act, 1882, Section 106, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Tenancy terminated by issuing notice under Section 106 of T.P.Act - Suit for possession of tenanted premises - During pendency of suit, notification issued and tenanted area included in M.C. - Civil jurisdiction ousted - Suit dismissed - Appeal also dismissed..........
