Consumer Protection Act, 1986, Section 24A, Limitation Act, 1963, Section 14 -- Limitation - Exclusion of time - The complainant was indirectly involved for he has purchased property mortgaged by the respondent/OP - The time spent before the DRT not prosecuting his case but just watching his interest would not be excluded in terms of provisions under Section 14 of the..........
Evidence Act, 1872, Section 90 -- Old documents - Presumption attached to 30 years old documents - Presumption - Is not conclusive - S.90 of the Act is based on necessity and convenience to prove old documents in evidence - Presunption relates to execution of document but not to the truth of its contents - Court has to draw presumption or to require proof of its execution..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Own damage claim - Section 157 applies to third party risk and not own damage claim - By the time the car met with accident the petitioner had not even applied for transfer of policy in his favour - He had no locus standi to file the complaint - Repudiation of claim..........
Marine Insurance Act, 1963, Section 4 -- Marine insurance - Insurance cover extending 'warehouse to warehouse' - The consignments are covered by insurance not only during the sea journey, but beyond as stated in the policy - Having regard to Section 4 of the Marine Insurance Act and the terms of the policy undertaking insurance cover against wider risks,the policy of..........
Indian Penal Code, 1860, Section 498, 498A, 34 -- Offence u/ss 498, 498-A, 34 - Under section 498-A IPC it is the husband or the relative of the husband of a woman who subjects such woman to cruelty can be prosecuted and punished - A woman who gets married with a man who is married and whose wife is living cannot be termed as relative of husband as such she cannot be..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Service - Provident Fund Organization - Plea that appellant/OPs is a statutory Body and complaint against it not maintainable repelled - Held that the employees of the Provident Fund Scheme which levies administrative charges for the service rendered is covered within the ambit of service as defined in the CP Act..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Plot allotment - Oustees scheme - Petitioners received compensation for the acquired land - Allotment of residential plot under the oustees scheme is made as a gesture of goodwill - No element of 'hiring of service for consideration' of the respondent authority by the petitioners involved in such allotment -..........
Consumer Protection Act, 1986, Section 2(1)(g) , 12 , 14(1)(d) -- Civic body - Obligatory functions - Deficiency in service - Where whole locality or localities and thousands of people being 'potential' users are affected by the non - performance of the obligatory functions by the public or statutory authority or civic body causing immense sufferings, financial loss,..........
Employee's State Insurance Act, 1948, Section 2(9) -- The term 'employee' - The definition of 'employee' under the Act cannot be understood to include within its scope just every person engaged by an employer - Employment necessarily involved a contract of service pursuant to which a person, called employee, enter into service of an employer in connection with some..........
National Council for Teacher Education Act, 1993, Section 14(3) -- National Council for Teacher Education (Recognition Norms and Procedure) Regulations 2006, Regulations 8(5),8(8) and 11 - First Statute of University of Calicut, Chapter XXII - Affiliation - B.Ed. College - Petitioner obtained recognition under Section 14(3)(a) of NCTE Act, 1993 from NCTE - Report of the..........
