Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner has already suffered incarceration of 1 year 29 days and is a person of clean antecedents - Recovery of contraband effected is marginally over and above the commercial quantity - Similarly situated co-accused has already been..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(c), 29 -- Bail - Contraband - Non-commercial quantity effected from a parcel booked by co-accused - No contraband was recovered at the instance of petitioner - Veracity and admissibility of disclosure statement if any suffered by co-accused against..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 15, 21, 25 -- Bail - Contraband - Non-commercial quantity - Accused are in custody since 27.8.2024 - Trial of case will take sufficient time to conclude - Rigors of S.37 of NDPS Act is duly satisfied - No useful purpose would be served by keeping..........
Consumer Protection Act, 1986, Section 2(7) -- Consumer - Purchase and sale of goods for resale or for commercial purpose is excluded from the purview of definition of `consumer'...........
Consumer Protection Act, 1986, Section 2(7) -- Consumer complaint - Purchase of flat - Flat in question was being purchased by respondent for the purpose of residence of one of its Directors and his family and that the company is a family owned company - Mere fact that respondent/company is a real estate company, it does not mean that the flat was purchased by it for..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Objection regarding maintainability of complaint - Onus to prove that goods were purchased for `commercial purpose' and therefore, such goods would fall outside the definition of `consumer' contained in S.2(1)(d) of the Act, would be on the opponent/seller and not on complainant/buyer...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer complaint - Car - Manufacturing defect - Car in question was purchased by complainant for the personal use of its Whole-time Director and for his immediate family members, and the dominant purpose of purchasing the car was to treat it as a part of perquisite to Director - Nothing on record to show that said car was..........
Consumer Protection Act, 1986, Section 12, 2(1)(r) -- Consumer complaint - Unfair trade practice - Defective car - Car in question was not used for commercial purpose - Car met with an accident and none of airbags opened at the time of accident as a result driver suffered grievous injuries - Nothing on record produced by appellants to show that they had disclosed either in..........
Consumer Protection Act, 1986, Section 2(7) -- Explanation - Commercial purpose - Onus to prove that service was obtained for a commercial purpose is on the service provider - However, standard of proof that has to be met in order to discharge the onus has to be measured against a `preponderance of probabilities...........
Consumer Protection Act, 1986, Section 2(7) -- Explanation - Consumer complaint - Commercial purpose - Complainant has not pleaded nor proved that service was obtained for earning his livelihood through the means of self- employment - Onus to prove that service was obtained for a commercial purpose is on the service provider - Unless service provider discharges its onus,..........
