Criminal Procedure Code, 1973, Section 116(4), Constitution of India, 1950, Article Art.21 -- Interim bonds - Cannot be demanded or asked to be furnished by a person unless and until he is a habitual offender or is so desperate and dangerous that if he is at large without security it will be hazardous to the community - Petitioner a Science Graduate holding diploma in..........
Consumer Protection Act, 1986, Section 11 -- Pecuniary jurisdiction - Objection as to - By petitioner - Objection already decided by the District Forum - It was for the petitioner to prove that the wrongful assumption of pecuniary jurisdiction by the District Forum had resulted in consequent failure of justice - In the absence of such averment, objection devoid of merit...........
Telegraph Rules, 1951 -- Telephone disconnection - Default in payment of bill - Wrongful disconnection - Corporation/Respondent No.2 subscriber of the Telephone which was in default of payment - Department disconnecting private Telephone of Complainant/Respondent No.1 - Same beyond the provision of Rule 443 - Amounts to deficiency in service - District Forum rightly..........
Indian Penal Code, 1860, Section 342, 343 -- Discharge - FIR for commission of offence u/S.120B, 364, 342 and 343 IPC but final report against respondent a SSP submitted only under Sections 342 and 343 IPC - The case of CBI is that there was a conspiracy between ASI `M' and other police officials to abduct `S' a press correspondent and to keep him wrongful confinement at..........
Negotiable Instruments Act, 1881, Section 31 -- Wrongful dishonour of cheque by Bank - Damages - Plaintiff issued three cheques amounting to about Rs.2 lacs - Plaintiff's cash credit account showed debit balance of about Rs.12 lacs as against sanctioned limit of 15 lakhs - Grant of damages of Rs.1 lakh for loss of reputation is not excessive in view of the fact that..........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 403, 406, 420, 427 - Quashing of proceedings - Complaint by respondent alleging breach or trust, cheating and mischief by the petitioner by removing engine of hypothecated aircrafts which were hypothecated by the petitioner with respondent complainant as security for supply of aircraft fuel to the..........
Criminal Procedure Code, 1973, Section 482, 41 -- Penal Code, 1860, Sections 379 and 403 - Quashing of FIR - Illegal arrest - Compensation - On the basis of an anonymous inland letter, in which it was alleged that the petitioner and another person found a bag containing hundred rupees and five hundred rupees notes totaling Rs.5 lacs, petitioner was arrested and Rs.8,000/-..........
Banking service -- Double Benefit Deposit Scheme - Refusal to pay the maturity amount by the appellant Bank on the ground that their employee issued receipt from stolen receipt book and did not deposit the amount with the appellant Bank - Held that in case the employee of the Bank has acted fraudulently and in that process has caused wrongful loss to the customer and..........
Malicious prosecution -- Malicious prosecution & wrongful imprisonment - Difference between two - While action to claim damages for malicious prosecution is based upon abuse of process of law, action to claim damages for wrongful imprisonment is based upon wrongful deprivation of right to liberty guaranteed by the Constitution...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Sought by plaintiff against electricity bill and disconnection of electricity - Plaintiff resorted to mala fide practice of theft of electricity - Held, mandatory injunction cannot be granted for perpetuating wrongful state of things...........
