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DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2007
Details

Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Insurance claim - Vehicle sale - Non transfer of insurance policy in name of purchaser by the original owner who availed the service of the Insurance Company - After selling the vehicle the direct beneficiary becomes the purchaser - He steps into the shoes of the original owner and comes within the..........

DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2007
Details

Consumer Protection Act, 1986, Section 2(1),(g), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Vehicle sale - Theft of vehicle - Repudiation of claim on the ground that since insurable interest not transferred in the name of purchaser he was not entitled for benefit of policy - Plea that under Section 157 of the Motor Vehicles Act only third party interest are..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Land Acquisition Act, 1894, Section 4, 6, 23 -- No bar on acquiring residential houses - Notifications for acquiring land for extension of existing grain market - Writ Petition for quashing notifications - Prayer made for release of land on which house is constructed - Under the Act, State has statutory right to acquire land for public purposes along with super structure,..........

RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION, JAIPUR

Year of decision: 2007
Details

Consumer Protection Act, 1986, Section 2(1),(g), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Transfer of vehicle - It is only in respect of third party risk that Section 157 of Motor Vehicles Act is applicable - The certificate of insurance together with the policy of insurance shall be deemed to have been transferred in favour of the person to whom the..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Arbitration Act, 1940, Section 30 -- Arbitration award - Setting aside - Award cannot be set aside when reasons are not given in support of the conclusion or decisions reached except where the arbitration agreement or the deed of submission requires reasons to be given - If Arbitrator gives reasons then Court can set aside award if there is an error of law apparent on the..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Indian Penal Code, 1860, Section 306, 302 -- Dowry death - Charge u/s 302 and conviction u/s 306 IPC - Wife tortured and humiliated for bringing inadequate dowry - Victim found hanging from ring of roof of house of accused and there were injury marks on her body - Circumstances relatable to Section 306 IPC put to accused u/s 313 Cr.P.C. - Incriminating material relating to..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Constitution of India, 1950, Article 227 -- Application under Article 227 - Maintainability - Alternative remedy of appeal available - Application under Article 227 not maintainable where an appeal lies. Code of Civil Procedure, 1908, Section 96...........

KERALA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5, Article 120, 121 -- Abatement - Setting aside - If an application for setting aside the abatement is made within 150 days of the date of death, there is no need to file an application under section 5 of the Limitation Act to condone the delay as no delay as such occurs in view of Arts.120 & 121..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2007
Details

Transfer of Property Act, 1882, Section 52 -- Transfer of any right pending the suit by either of the party in favour of third parties without permission of Court, is hit by Section 52 of the Transfer of Property Act...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4 -- Two beneficial provisions do not co-exist - Court to apply one of the other beneficial provision be it Section 360 IPC or Probation of Offenders Act...........

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