Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Ingredients to draw presumption - Presumption can be raised only if accused being tried for the offence under section 304-B - Death of women should be caused by burns or bodily injury or otherwise than under normal circumstances within seven years of marriage - Deceased..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Presumption as to Abetment - Unlike Section 113-B a statutory presumption does not arise by operation of law merely on proof of the circumstances enumerated in Section 113-A - Prosecution has first to establish suicide within a period of seven years of marriage and that accused had subjected her to..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Telegraph Act, Section 7-B - Telephone Service - Deficiency in service - Telephone non functional for several months - Plea of the appellant - OP that the area through which the telephone line passes is covered by dense and thorny bushes and trees and could not be removed due to serious objection raised by land..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Guidelines - (a) Bail should not be refused unless the crime charged is of the highest magnitude and the punishment of it prescribed by law is of extreme severity; (b) Bail may be refused when the Court may reasonably presume, some evidence warranting that no amount of bail would secure the presence of the convict at the..........
Industrial Disputes Act, 1947, Section 25F(b) -- Retrenchment Compensation - Termination of the workman held vitiated due to violation of Section 25-F(b) of the Act as no retrenchment compensation paid to the workman at the time of termination of his service...........
Housing -- Refund of advance money - Request for cancellation of allotment of flat made after 21 days against the stipulated period of 7 days as per terms of the Scheme - Order of dismissal of complaint of petitioner by State Commission calls for no interference under Section 21(b) of the Consumer Protection Act...........
Insurance policy -- Insurance claim - The date of commencement of risk not mentioned in the policy and left blank - Death of the insured in motor accident - Plea of the petitioner-Corporation that brochure indicated the date of commencement of risk (deferred date) which is different for different age group and left blank by typographical error - Held that terms and..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Making the demand is not sufficient to bring the case under Section 304-B of the Indian Penal Code - There must be cruelty or harassment soon before the commission of crime for non-fulfillment of dowry...........
Consumer Protection Act, 1986, Section 27,17(b),21 -- Penalties - Revision - Maintainability - Held that the proceedings initiated under Section 27 of the Act cannot be equated to that of a `complaint' nor it is equated to that of a `consumer dispute' within meaning of Section 27 of the Act - Therefore, no remedy as against the order passed by the State Commission under..........
Consumer Protection Act, 1986, Section 27,17(b) -- Punishment order - Revisional jurisdiction - Order passed by the District Forum under Section 27 of the Act punishing a trader or a person on the ground of failure to comply with any order made by the District Forum is final and no remedy under the Act is available as against the said order - Therefore, the revision filed..........
