Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - For application of the provision of S.138 of the Act three conditions required to be fulfilled are : (i) that the cheque must be presented to the bank within a period of six months from the date on which it is drawn; (ii) that the payee makes a demand of the amount by giving notice in writing to the..........
Indian Penal Code, 1860, Section 107 -- Abetment - A person, abets the doing of a thing when (1) he instigates any person to do that thing; or (2) engages with one or more other persons in any conspiracy for the doing of that thing; or (3) intentionally aids, by act or illegal omission, the doing of that thing - These things are essential to complete abetment as a crime -..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Quid pro quo - Relationship of trade off/quid pro quo between the OP and deceased - Which would amount to a consideration - Attracting the provision of Section 2(1(d)(ii) of CP Act...........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Post Office Act, 1898, Section 6 -- Postal service - Speed post parcel - Not reaching destination - The respondent has not made any allegation of fraud or willful neglect or willful default on the part of any of officials of the appellants - The exemption of Section 6 of the 1898 Act shall apply to the appellants -..........
Industrial Disputes Act, 1947, Section 17 -- B - Requisites of Section 17 B - Satisfaction of four conditions enumerated...........
Industrial Disputes Act, 1947, Section 17B -- Certificate produced by management showing gainful employment by respondent - workman for some time during pendency of dispute - Held that on the ground that employment after termination from July, 2001 to March 2003 was not disclosed, the relief under Section 17B of the ID Act cannot be denied - The petitioner directed to pay..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial purpose - Housing - Purchase of 5 dwelling units by complainant - company from OP No. 6 - Alleged service for providing two dwelling units at a cost of Rs. 46,65,000/ - by OP No. 6 is not for earning livelihood by means of self - employment by the complainant - company - The transaction is..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 135 , 152 -- Electricity theft - Compounding notice - On the basis of checking report - No case of the OP that when the notice in question was issued to the complainant, any criminal case was registered against him - Assessing Officer, at the first instance passed the order assessment taking it..........
Criminal Procedure Code, 1973, Section 437 -- Fresh bail application - Bail obtained at stage of investigation u/ss 420, 504, 506 IPC - Subsequently summoning order issued u/ss 307/34, 420, 504, 506 IPC - Without surrender prayer for bail in the newly added section cannot be considered...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Quantum dispute - Surveyors report - It has to be given due weightage - Since the case involves the quantum dispute, which involves a detailed investigation, which cannot be dealt in the summary proceedings under the CP Act - The petitioner shall be free to either..........
