Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Maintainability - Availability of an alternate remedy is no bar in entertaining a complaint under the Act...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Maintainability - After provisions of RERA Act came into force - Where proceedings under the Act are initiated after provisions of RERA Act came into force, there is nothing in RERA Act which bars such initiation - Choice or discretion is given to allottee whether he wishes to initiate appropriate..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Where accused has already applied for default bail, prosecutor cannot defeat enforcement of his indefeasible right by subsequently filing a final report, additional complaint or report seeking extension of time...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 23(c), 25A, 29 -- Default bail - Offence u/ss 8(c), 22(c), 23(c), 25-A, 29 of NDPS Act - Accused exercised his option to obtain bail on 181st day of his arrest - Public prosecutor had not filed any application seeking extension of time to investigate..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A -- Anticipatory bail - Offence u/s SC/ST Act - There is no absolute bar against grant of anticipatory bail in cases under the Act - Where Court finds that no prima facie case is made out or where on judicial scrutiny, Court finds that..........
Criminal Procedure Code, 1973, Section 155(1), 155(2) -- Non-cognizable offence - Registration of crime - Law as to: (i) It is not permissible to register crime only against non-cognizable offences, without order of Magistrate having power to try such case or commit case for trial, (ii) It is also not permissible to police officer to apply for getting sanction u/s 155(2)..........
Criminal Procedure Code, 1973, Section 155(1), 155(2) -- Non-cognizable offence - Investigation by police - Words "complainant" or "complaint" not incorporated anywhere in S.155 Cr.P.C. - Non-incorporation of word "complaint" or "complainant" in S.155 Cr.P.C. is so conspicuous that legislature never had intention either to authorize officer in charge of police station to..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Necessary and specific averments ought to be mentioned in a complaint before a person is subjected to criminal prosecution and it is not enough if person accused is/was Director/CEO of company - It is obligation of complainant to clearly and unambiguously aver that person..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - There must be specific and necessary averments in complaint regarding nature of transactions between parties and complaint cannot be maintained on mere sketchy averments/allegations...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Form no.DIR-11 clearly evidences that petitioner resigned on 15.06.2016 and was no longer responsible for conduct of business of accused no.1 company on the date of commission of offence - Even, cheque in..........
