Consumer Protection Act, 1986, Section 15 -- Appeal - Additional evidence - Refund - Earnest money - Direction by District Forum to refund money after deduction 10% of the same within four months - Copy of brochure containing terms and conditions attached with memo of appeal to challenge the order of the Commission - Held that since as per rules relating to the admission..........
Indian Penal Code, 1860, Section 307 -- Conviction - Appeal against - Statement of the informant not consistent with the FIR and medical evidence on record - No eye witness except a child witness - Statement of child witness found to be incredible - Hazardous to sustain conviction on the sole testimony of P.W.1 - Appellant entitled for acquittal...........
Consumer Protection Act, 1986, Section 15 -- Appeal - Additional evidence - The documents mentioned in the application were available to the respondent much earlier, even at the time of the pendency of the complainant before the District Forum and the he did not chose to produce evidence or appear before the District Forum despite service - Application liable to be..........
Criminal trial -- Reappreciation of evidence by Supreme Court in State appeal against acquittal - Held, Supreme Court would not reappreciate evidence in State appeal against acquittal unless evidence appreciated by High Court is found perverse...........
Evidence Act, 1872, Section 45 -- Comparison of disputed signatures with admitted signatures - Sought during pendency of first appeal - Application rejected - Permission sought after 10 years of filing of first appeal - No explanation for the delay - No reason for not taking the step in the trial Court inspite of the fact that execution of the alleged agreement was denied..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Conviction by High Court setting aside acquittal - Appeal against - Four eye witnesses had seen the quarrel between accused and deceased and accused firing at deceased by his licenced gun and running away from spot - Evidence of eye witnesses corroborated by medical evidence - Nothing to suggest that FIR..........
Indian Penal Code, 1860, Section 302 -- Murder - Acquittal - Validity - Alleged motive to commit crime based on demands of dowry - Evidence regarding demand of dowry is scanty and does not inspire confidence - First post-mortem report disclosed that cause of death was asphyxia as a result of throttling - Second post-mortem report disclosed that cause of death was asphyxia..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Quashing of proceedings - Validity - Prosecution proceedings quashed by High Court against one of the accused - Held, instead of quashing proceedings High Court have directed trial Court to close evidence adduced against said accused - Impugned order set aside - It is open to trial Court to close evidence of..........
Service -- Compulsory retirement - Departmental proceedings - Enquiry Officer concluded that charges against delinquent were proved - Central Administrative Tribunal found no invalidity in inquiry proceedings and dismissed application - Appeal - Delinquent had pressed for production of some documents before Enquiring Officer and some of those documents were proved - No..........
Consumer Protection Act, 1986, Section 13 -- Seeds - Deficiency in service - Supply of substandard quality of seeds alleged - Sample of seeds not sent for its examination by Seed Analyst - Merely on the basis of the affidavit of the complainant inference that the seeds were defective could not be drawn - In the absence of legal evidence, the order of the District Forum..........
