Consumer Protection Act, 1986, Section 2(1)(r) , 14(1)(d) -- Unfair trade practice - Punitive damages - Mobile scheme - The scheme or so - called contest in question comes within the ambit of lottery inasmuch as several lacs out of two crores subscribers who have made calls for more than 20 minutes duration a day are eligible to take part in it - Out of them a lot is drawn..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured for the reason 'sign jointly' - Evidence on record that at the time of dishonour of cheque there were not sufficient funds in the account - Once it is so it comes within the mischief of S.138 of the Act - Matter to be finally adjudicated upon on appreciation of evidence to be led by..........
Constitution of India, 1950, Article 226, Legal Services Authorities Act, 1987, Section 22C(1), Electricity Act, 2003 -- Cognizance of cases by permanent Lok Adalat - Issue is in regards to avoidable harassment and expense on respondent who took electricity connection from Board - Meter was replaced by new one on account of it being running slow - Failure of Board in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Cheating - Order compelling attendance of petitioners - Question of fact is involved as to what was in the agreement entered into between respondent and petitioners and whether due to no, performance of the agreement, it amounts to mischief committed by petitioners which comes under the..........
Consumer Protection Act, 1986, Section 2(1)(g), Contract Act, 1872, Section 73 -- Housing - Flat - Agreement to sell - Delay in handing over possession - Refund - Clause 2(f) of agreement clear that if the appellant fails to make payment within a period of three months of the demand being raised by the first party the latter shall be entitled to terminate the agreement..........
Indian Penal Code, 1860, Section 96, 105 -- Right of private defence - Number of injuries is not always a safe criterion for determining who the aggressor was - Injuries on the person of accused do not necessarily leads to presumption that accused caused injuries in exercise of right of private defence - Non explanation of injuries on the person of accused does not affect..........
Indian Penal Code, 1860, Section 425 -- Ingredients of the provision are: (i) intention to cause or knowledge that he is likely to cause wrongful loss or damage to the public or to any person; (ii) causing destruction of some property or any change in the property or in the situation thereof; and (iii) the change so made destroying or diminishing the value or utility or..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Scope - Provisions of O.26.R.9 & O.39.R.7 operate separately and for different purposes - One is to elucidate the fact in dispute and the other is to obtain full information and evidence mostly for the purpose of keeping on record the existing condition of the property so that if..........
Statute -- Interpretation - Penal statutes to be strictly construed and Court must see that the thing charged as an offence is within the plain meaning of the words used and must not strain the words on any notion that there has been a slip that the thing is so clearly within the mischief that it must have been intended to be included and would have included if thought of..........
Criminal Procedure Code, 1973, Section 95, 96, Indian Penal Code, 1860, Section 153A, 153B, 295A -- Forfeiture of newspaper, book or document coming within mischief of Ss.153-A, 153-B, 295-A IPC - Writing, for the purpose of forfeiture has to be considered as a whole in a fair and liberal spirit without dwelling too much upon isolated passage or upon a strong word here and..........
