Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) - No allegation that offence under IPC punishable with imprisonment of 10 years or more was committed by an accused of upper caste upon a person belonging to SC community with the knowledge that such person belonged to said community - Prima facie ingredients..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Car accident - Damage to car - Compensation - There was constructive total loss to vehicle - Extensive damage caused to vehicle - Liability of BMW under BMW secure was to pay the actual difference between Insured Declared Value (IDV) of insured vehicle and current ex-showroom price of new vehicle..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiffs by way of amendment not building up some new case contradictory to case made in the plaint by them or they are retracting from any admission - No allegation that plaintiffs were not diligent at the time of filing of suit and despite the pretty good knowledge of all the facts sought to be..........
Indian Penal Code, 1860, Section 302 -- Murder by poisoning - Motive of crime not proved - None of PWs had any personal knowledge about alleged incident and about the cause of the deteriorating health condition - Doctor who carried out post mortem of deceased had not given any opinion on cause of death - Prosecution even failed to conclusively prove that substances found..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Condonation of delay - Petitioners have disclosed the date and source of their knowledge about passing of exparte decree - Defendant no.1 already sold the property in favour of petitioners - Rights of petitioners are adversely impacted by decree - Petitioners shall suffer an irreparable loss..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Cheque issued for discharge of loan advanced to Company for its business purpose - Accused had stood guarantee for loan advanced - She cannot deny knowledge of borrowing or issuance of cheque just because she Is not signatory of cheque - Averments in complaint shows..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/s 3(2)(va) of the Act - Mere knowledge of accused that victim being a person belonging to SC/ST community is not enough to implicate him - What is necessary is that offended words must have been used by accused against victim with intent to humiliate her because she..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place on the spur of moment when deceased refused to pay money to accused - Accused had no intention to kill deceased but by beating deceased with stick indiscriminately on vital parts of body, accused would have knowledge that by doing such an act, it is likely to cause his death -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Issue involved is whether victim is minor - Statement u/ss 161, 164 Cr.P.C is of no consequence because no person can depose on that basis of personal knowledge about his or her own age or date of birth...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Issue involved is whether victim is minor - Statement u/ss 161, 164 Cr.P.C is of no consequence because no person can depose on that basis of personal knowledge about his or her own age or date of birth...........
