Consumer Protection Act, 1986, Section 2(c) -- Consumer complaint - Insurance - Concluded contract - First Premium Receipt - Containing number of policy and showing next premium date - Receipt would justify drawing of presumption of acceptance of policy and not otherwise...........
Indian Penal Code, 1860, Section 384, 506, 511, 34 -- Offence u/ss 384, 506, 511, 34 IPC - Evidence of PW1 was not specific as to who had entered into chamber and demanded hafta amount of Rs.500 - When there is no overt act of accused, conviction should not be recorded on the basis of assumption and presumption - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 94, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Through courier service - Notice sent through courier service is valid service u/s 138 of the Act - However, for the purpose of getting benefit of presumption of service u/s 27 of General Clauses Act, notice must be sent through registered post...........
Negotiable Instruments Act, 1881, Section 138, 94, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Through courier service - Notice sent through courier service is valid service u/s 138 of the Act - However, for the purpose of getting benefit of presumption of service u/s 27 of General Clauses Act, notice must be sent through registered post...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife is B.A pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself and her minor daughter...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere fact that blank signed cheque had been procured by respondent even if taken at face value, does not obliterate the statutory presumption u/s 139 of the Act, unless cogent evidence is adduced to rebut the presumption...........
Service -- Resignation - Respondent in his resignation letter submitted that keeping the interest of his family and career and also that with utmost feeling of humiliation and insult he was submitting his resignation - Further resignation was more out of a sense of being unfairly rated by employer - Only because things did not turn to or for that his grievances were not..........
Hindu Marriage Act, 1955, Section 16 -- Legitimate/illegitimate children - Marriage between parents of plaintiff during subsistence of previous marriage can be a matter of presumption - However, by operation of S.16(1) of the Act, children born in second marriage become legitimate and entitled to property of father...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Despite receiving statutory notice the same was not replied - Issuance of cheque not denied at the first available opportunity - Statutory presumption u/s 139 of the Act operates against accused...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely on the ground that wife is B.A pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself...........
