Civil Procedure Code, 1908, Section 60(1)(i) -- Execution of decree - Attachment of salary - Application for attachment of salary for recovery of decreetal amount of Rs.1,79,000/ - - Total salary of JD Rs. 5847/ - - The provision of Section 60(1)(i) CPC would apply in favour of DH - Salary of JD would be exempted towards first one thousand rupees and two thirds of the..........
Consumer Protection Act, 1986, Section 2(1) , 14(1)(d) -- Unfair trade practice - Air conditioner - Instead of supplying Amrtex air - conditioner as agreed for a sum of Rs. 32,500/ - an assembled air - conditioner supplied - Held that State Commission has rightly held the petitioner guilty of unfair trade practice as defined under Section 2(1)(r) of the CP Act - Direction..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance policy - Misrepresentation of fact - Repudiation - Deceased - insured had earlier three policies for more than 7 lacs - While taking another policy in March, 2002 in the proposal form in answer to question No. 9 which deals with all life insurance policies held by proposer he..........
Punjab Panchayati Raj Act, 1994, Section 216 -- Secretary to Govt. directing BDPO to recover certain amount of loss from member of Panchayat by initiating proceedings under Section 216 - Order also indicating amount of loss - Amount so mentioned is not finally determined - It merely amounts to initiation of action - Petitioner will have opportunity to explain that he is..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyors - Joint Surveyors - Appointment of successive Surveyors - Insurance Company has not given any cogent reason while appointing the number of Joint Surveyors - No document is on record which justifies the rejection of the report of the various Surveyors - Not the..........
Prevention of Corruption Act, 1988, Section 2(c)(i) -- Public servant Meaning - Accused Assistant Public Prosecutor - She was receiving remuneration for services rendered by her to the State - She was a public servant within the meaning of Section 2(c)(i) of the Act...........
Indian Penal Code, 1860, Section 34 -- Common intention - When three of the four accused who were charged with Section 302 read with Section 34 of IPC are acquitted, one accused cannot be convicted on the basis of constructive liability...........
Indian Penal Code, 1860, Section 34 -- Murder - Common intention - Charges framed against 2 accused under Section 302 read with Section 34 IPC - No independent charge framed under Section 302 IPC against accused separately - One accused acquitted - Conviction of the other accused cannot be sustained under Section 302 read with Section 34 IPC as element of sharing common..........
Indian Penal Code, 1860, Section 304 -- Accused inflicted stab injury to complainant - Deceased came to the rescue of complainant, her husband - In the heat of passion, accused gave stab injury at her buttock - The accused followed deceased and kicked her as a result deceased fell down - Though accused could stab her again, he did not - Injury neither intended nor..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by wife - Husband setting up written divorce agreement - Agreement that wife will not claim maintenance - Such an agreement is opposed to public policy and is against the required intendment of provisions of Section 125 Cr.P.C...........
