Consumer Protection Act, 1986, Section 2(1)(b) , 2(1)(g) , 13 -- Complainant - Power of attorney - Complaint being pursued by power of attorney - The complaint not even signed by original allottee respondent but signed by power of attorney - Evidence by way of affidavit filed by power of attorney which is required to be filed by consumer who approached the State Commission..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Delay of seven days in sending sample to FSL - Delay not explained - However prosecution led evidence that sample was not tampered with during the period - Not fatal to prosecution...........
Indian Penal Code, 1860, Section 149, 302, 304 -- Plea of parity - Accused A1 armed with aruval - Accused A2, A4, A5 & A6 were also armed with aruval, A7 with knife and A3 with iron rod - Accused A1 had given a fatal blow on the neck of deceased with aruval and injury caused by such act proved fatal - Therefore principle of parity does not apply - Remaining accused rightly..........
Criminal Procedure Code, 1973, Section 190, 154 -- Delay in lodging FIR or filing a criminal complaint - Should be satisfactorily explained - Delay when not explained, it can be well presumed that the same was utilized to concoct a story, false implication of the accused, and introduction of false witnesses - Such delay must prove fatal to the case of the prosecution...........
Minor discrepancies -- Bound to occur when witnesses are examined after long lapse of time - It is not fatal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Delay of 39 days in sending sample to FSL - No evidence that sample not tampered with during this period - Delay is fatal to prosecution...........
Motor Vehicles Act, 1988, Section 166, 173 -- Fatal motor accident - Death of an unmarried salaried person - Determination of compensation - Future prospectus in career - Held, future prospectus would have to be taken into consideration while assessing compensation - The principle is to assess future loss of income and to double the amount and then add to the salary which..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Discrepancy as regards timing of lodging FIR - Fatal to prosecution case...........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Deceased, who was standing inside bus, fell down from front window which got opened due to jerk caused to bus because of rash and negligent driving by driver of bus - Held, there was no contributory negligence on part of deceased - It was negligence of driver of bus alone...........
Succession Act, 1925, Section 276 -- Letters of administration - In respect of registered Will - Original Will not filed with petition - Not fatal as Will is registered - Genuineness and validity of Will proved by summoning records from office of Registrar of Assurance containing copy of Will signed by testator and attesting witnesses - Held, it can be treated as a primary..........
