Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Carriage by Air Act, 1972, Second Schedule Rule 22(2)(a) - Carriage - Import of computer part - Deficiency in service - Compensation - Loss of consignment from the Warehouse of OP which is the agent of Customs department - Plea that since in the AIRWAY BILL the value of the consignment in its value column is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued against loan transaction - Mere denial of loan transaction and to say that brother of complainant committed theft of cheque not sufficient - Accused allegedly lodged complaint with the police regarding theft of cheque but copy of complaint not produced - Held, court shall presume u/ss 118..........
Land Acquisition Act, 1894, Section 18 -- Reference - Court has to treat the reference as an original proceeding before it for determination of the market value afresh on the basis of the material produced before it - The claimant in the position of a plaintiff has to show that the price offered for his land in the award is inadequate on the basis of the materials produced..........
Civil Procedure Code, 1908, Order 17, Rule 3, Civil Procedure Code, 1908, Order 16, Rule 1 -- Adjournment sought for production of evidence on some other date - Petitioner undertook to produce and examine his entire evidence on any two consecutive dates and official witness to be served dasti, if need so arises - Petitioner took dasti summons to Ludhiana and Khanna for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 20 -- Recovery of charas - Non compliance of Section 55 of the Act - Effect of - Case property not produced before area Magistrate - No explanation for the same - Breach of Section 55 fatal...........
Consumer Protection Act, 1986, Section 2(1)(f), 11 -- Defective laptop - Jurisdiction - Only controversy to be decided whether the Laptop had developed the defects within the permissible period and whether there was any fault on the part of the appellant in damaging the Laptop and related apparatus - The Consumer Fora cannot run away from its responsibility by referring..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties to the lis are not entitled to produce additional evidence as a matter of course or routine unless they satisfy the test mentioned in O.41.R.27 CPC - Document sought to be produced on record did not satisfy the test laid down U.O.41.R.27 CPC for admitting additional evidence -..........
Defective seeds -- Cotton seeds - Adverse inference - Compensation - Seeds sold by the appellants raised by the respondents but the crop had failed to give yield - Plea of the appellant that every lot of the said seed supplied for sale were having 90% of genetic purity but records of laboratory in respect of seed which were in its custody not produced - Adverse inference..........
Criminal Procedure Code, 1973, Section 482, 245, 313 -- Quashing of order - Accused preferred revision against impugned order without informing trial Court - In meantime, prosecution produced and examined almost all witnesses who were cross examined - Fact of pendency of revision concealed - Stay of criminal prosecution pending before trial Magistrate was never sought - In..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 15 -- Recovery of poppy husk from Maruti Car and bicycle - Investigating Officer produced accused, case property, car, cycle and witnesses before SHO - SHO also supported this - Held, sufficient compliance of S.55 of the Act...........
