Consumer Protection Act, 1986, Section 12 -- Buyer's agreement - Non-delivery of possession - Consumer complaint seeking primary relief delivery of possession and alternative relief of refund of amount with interest at 12% per annum - A buyer can be expected to wait for possession for a reasonable period - A period of seven years is beyond what is reasonable - It would be..........
Registration Act, 1908, Section 49 -- U, registered sale deed - Collateral purpose - U, registered sale deed cannot be received in evidence for want of registration and its terms cannot be used to prove delivery of possession also, as suit itself is filed for recovery of possession - Moreover, possession and its delivery are a primary purpose and not a collateral purpose...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Transportation of 3563.28 kgs Ganja - Non-production of entire consignment of ganja in Court - Search and seizure of ganja from accused was duly proved - Neither entire consignment of ganja nor 186 polythene packets were produced in Court - However, Magistrate deposed that he duly certified entire..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Dispute regarding boundary wall between parties - Accused went to house of informant and were heckling with him on the issue as to why he was not allowing them to construct boundary wall on their own land - During course of quarrel, accused started inflicting injuries to informant and when deceased..........
Kerala Education Rules, 1959, Rule 4 -- Service - Post of Higher Secondary School teacher (Junior) - Method of recruitment - Post of High Secondary School Teacher has to be filled up first by transfer of junior Lecturer from qualified High School Assistant in Subjects concerned - In the absence of qualified hands, by transfer of qualified Upper Primary School..........
Evidence Act, 1872, Section 62 -- Primary evidence - Carbon copies can be taken into consideration as primary evidence and thus, there is no infirmity in admitting carbon copies of documents in question...........
Evidence Act, 1872, Section 62 -- Primary evidence - Counter part of document executed by all the parties is primary evidence - If two original copies of the contract are prepared and signed by the parties, each copy would be primary evidence and one copy cannot be said to be primary and second secondary because both the copies of the contract are complete in themselves..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child born to respondent during continuation of a valid marriage - Petitioner has not shown that he had no access to respondent at that time when child was begotten - Presumption u/s 112 of the Act comes into play - Proceeding instituted by petitioner is for granting decree of declaration that child born to..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 118 -- Rape of minor girls in Anganwadi center - Testimonies of child witnesses/victims - Victim no.1 who studied in primary school stated that accused after enticing her and victim no.4 took them to room where he committed sexual assault..........
Evidence Act, 1872, Section 65B -- Electronic record - S.65-B of the Act insists for certificate qua authenticity of electronic evidence, without making any distinction of `Primary' or `Secondary' evidence, unlike other documentary evidence...........
