Motor Vehicles Act, 1988, Section 168 -- Additional Evidence - Revision petition against order passed by MACT, whereby application filed by claimant seeking permission to lead additional evidence dismissed - Taking into consideration the fact that in the claim petition particulars of the FIR were given and Registration number of the vehicle was also mentioned, examination..........
Constitution of India, 1950, Article 136 -- Special leave petition - New plea - When allowed to be raised - Held, ordinarily Supreme Court would not entertain a new prayer at hearing of appeal u/Art 136 when it is not raised in High Court or in petition seeking leave to appeal - However, there are exceptional cases in which this Court may permit a party to raise a new..........
Punjab Panchayati Raj Act, 1994, Section 20(3) -- Suspension of Panch - Possession of contraband - Whether petitioner should be continued under suspension in view of S.20(3) of the Act even after removal order goes? - Held, having possession of any narcotic substance is a serious offence and amounts to moral turpitude - It is a fit case where removal order passed by..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Accused kidnapped minor for ransom - Deposition of witness that victim had gone missing from his house and was kidnapped remained unshaken when tested on anvil of cross-examination - No motive assigned to father of child for framing accused persons, when cross-examined by defence - No explanation furnished by..........
Consumer Protection Act, 1986, Section 21 -- Jurisdiction of National Commission - Banking service - Fixed deposit - FCNR(B) account - Complicated questions of facts and law - Allegation of fraud, forgery and fabrication of documents have been made - What is the role of the bank manager and those persons purporting to act on behalf of the complainant has been a subject..........
Consumer Protection Act, 1986, Section 21 -- Jurisdiction of National Commission - Banking service - Fixed deposit - FCNR(B) account - Complicated questions of facts and law - Allegation of fraud, forgery and fabrication of documents have been made - What is the role of the bank manager and those persons purporting to act on behalf of the complainant has been a subject..........
Consumer Protection Act, 1986, Section 21 -- Jurisdiction of National Commission - Banking service - Fixed deposit - FCNR(B) account -Complicated questions of facts and law - Allegation of fraud, forgery and fabrication of documents have been made - What is the role of the bank manager and those persons purporting to act on behalf of the complainant has been a subject..........
Criminal Procedure Code, 1973, Section 173(8), 482, Indian Penal Code, 1860, Section 420, 463, 464, 465, 468, 471, 120B -- Offence u/ss 420, 463, 464, 465, 468, 471, 120-B IPC - Police filed negative report - Magistrate allowed reinvestigation on an application filed u/s 173(8) Cr.P.C. - Serious matter involved of allotment of 12986 sq. ft. land for only Rs.200/- - Held,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner for local investigation - Legality of - Plaintiff sought for noting and measuring suit room - Measurement of the room in suit is not under challenge - Description of the premises in suit and so-called encroachment have been clearly stated in plaint - Held, no investigation is necessary at all -..........
Kerala Prohibition of Ragging Act, 1998, Section 4, Indian Penal Code, 1860, Section 341, 506(i), Criminal Procedure Code, 1973, Section 320 -- Offence of ragging - Whether cognizable - Since it is punishable for imprisonment for less than three years, it is only a non cognizable offence - Sub Inspector of Police not competent to register a case on receipt of a complaint..........
