Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 32 -- Bail - Cheating - Default bail granted to accused was cancelled by Court and was upheld by Supreme Court - There is no material change in circumstances since passing of said order - Allegations against accused..........
Consumer Protection Act, 1986, Section 2(7) -- Consumer - Purchase and sale of goods for resale or for commercial purpose is excluded from the purview of definition of `consumer'...........
Consumer Protection Act, 1986, Section 2(7) -- Consumer complaint - Purchase of flat - Flat in question was being purchased by respondent for the purpose of residence of one of its Directors and his family and that the company is a family owned company - Mere fact that respondent/company is a real estate company, it does not mean that the flat was purchased by it for..........
Commercial Courts Act, 2015, Section 2(1)(iv), 6, 15, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Not a commercial dispute - Agreement does not suggest that it was for trade or commerce - Prima facie do not make out a commercial deal consequently a commercial dispute - Application for return of plaint rightly dismissed...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Accused is a habitual offender and is involved in six more cases - He has also been convicted in two cases under NDPS Act - Mere fact that quantity involved is a non-commercial quantity would not necessarily mean that accused has right to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 20(b)(ii)(b) -- Contraband - Non-commercial quantity - Quantum of sentence - Accused suffered approximately 2 years and 3 months of his jail incarceration out of 3 years - He has suffered ordeal of criminal case since 2016 - There is no criminal antecedents/criminal record of accused - Sentence reduced to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Commercial Courts Act, 2015, Section 12A -- Ex parte interim injunction - Pre-institution meditation - Defendant is interfering in operation of petrol pump in question - There was thus an urgent need of interim relief - Provision of S.12-A of Commercial Courts Act not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - When accused is involved in offences u/ss 21(c), 29 of NDPS Act, more than one occasion and when the quantity of contraband substance is much above the commercial quantity, then non-consideration of provision u/s 37 of NDPS Act, has to be taken as a very serious lapse...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Objection regarding maintainability of complaint - Onus to prove that goods were purchased for `commercial purpose' and therefore, such goods would fall outside the definition of `consumer' contained in S.2(1)(d) of the Act, would be on the opponent/seller and not on complainant/buyer...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer complaint - Car - Manufacturing defect - Car in question was purchased by complainant for the personal use of its Whole-time Director and for his immediate family members, and the dominant purpose of purchasing the car was to treat it as a part of perquisite to Director - Nothing on record to show that said car was..........
