Haryana Urban Development Authority Act, 1977, Section 42 -- Plot allotted on 19.12.2003 - Possession delivered on 25.09.2006 - Building plan not submitted within 3 years and thus rejected - Letter of offer of possession not dispatched as per requirement of Section 42 - Held, limitation of three years to submit building plan will commence from the date of delivery of..........
Industrial Disputes Act, 1947, Section 2(00) , 25F -- Absence from duty - Abandonment of service - Retrenchment - Respondent - workman a confirmed hand - Applied for leave on medical ground - Remained absent beyond 10 days - Services deemed to have abandoned voluntarily in terms of clause in certified standing order - No notice was issued by the petitioner - company..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64VB -- Insurance policy - Assumption of risk - Request by appellant to issue policy from retrospective date - The policy issued from the date cheque for premium issued - In terms of Section 64VB of the 1938 Act the action of the respondent in issuing policy from the date on which the cheque was..........
Insurance claim -- Repudiation - Burglary in cloth shop - Though OP - Insurance Company repudiated the claim on the basis of the surveyor's report, the surveyor report is considered to be inconsistent in the face of bank's stock taking report - Surprising that the surveyor failed to locate any supplier when a big shop was running with merchandise worth lacs of rupees - The..........
Criminal Procedure Code, 1973, Section 436A -- Retrospective effect - Many cases registered against accused prior to the year 2005 - Accused in jail for 10 years - Held, that accused cannot be released u/s 436-A Cr.P.C. as this section has no retrospective operation - However, it was held hat accused can be released in individual cases in case he applies for bail...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Prosecution to prove that death was within seven years of marriage, otherwise than under normal circumstances and soon before her death she was maltreated in connection with the demand of dowry - Once it is so proved than presumption u/s 113-B Evidence Act operates that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 42, 43, 50 -- Accused found in possession of 4 Kg of opium - Recovery effected from accused at public place - Held, it is Section 43 and not Section 42 which is applicable - It was not necessary to record grounds of suspicion - Section 50 not applicable as recovery was not effected from the personal search..........
Industrial Disputes Act, 1947, Section 2(oo) , 12(3) , 25F -- Absence from duty - Settlement - Striking off name of workman - Compensation in lieu of reinstatement - Name of workman struck off for not reporting for duty beyond a period of 15 days - Provisions of Section 25F not complied with - Reinstatement with full back wages ordered by the Labour Court - Respondent -..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Post Office Act, 1898, Section 6 -- Postal service - Registered envelope - Non delivery of - Contained demand draft - Neither alleged nor established that there was willful act or default on the part of the Department - Even the legal notice sent by the complainant to the Department does not allege any 'wilful'..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - LIC Agent - Not a 'Consumer' within the meaning of Section 2(1)(d)(ii) of the CP Act...........
