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..........
Indian Penal Code, 1860, Section 420 -- Cheating - Ingredients - Dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or signed or is capable of being converted into a valuable security - Mens rea of the accused at the time of making inducement - Making of a false representation is one of the ingredients..........
Criminal Procedure Code, 1973, Section 313 -- Statement under section 313 is not evidence - It is only stand or version of accused by way of explanation when incriminating materials appearing against him are bought to his notice - No suggestion to P.W. regarding non delivery of shares - Statement u/s 313 about non delivery is of no consequence...........
Consumer Protection Act, 1986, Section 2(1),(e), Motor Vehicles Act, 1988, Section 15(1) -- Insurance claim - Repudiation - Ground that driver of the concerned bus was not possessing a valid driving licence on the date of accident on 2.3.1995 - Renewal of licence on 7.4.1995 after 35 days of the accident - The licence would be deemed to have been renewed from the date of..........
Evidence Act, 1872, Section 33 -- Applicability of the provision - There are three pre-requisites and they are (i) that the earlier proceeding was between the same parties; (ii) that the adverse party in the first proceeding had the right and opportunity to cross examine; and (iii) that the questions in issue in both the proceedings were substantially the same - In the..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - While exercising jurisdiction under section 482 Cr.P.C. it is not permissible for the court to act as if it was a trial Judge - Even at the stage of framing of charge, the court has to only prima facie to be satisfied about the existence of sufficient ground for proceedings against the..........
Administrative Tribunals Act, 1985, Section 20 -- Departmental remedies - Whether the Tribunal can entertain the O.A. unless departmental remedies have been exhausted by the delinquent employee - Yes - The Word 'Ordinarily' in sub-section (1) of Section 20 of the Act does not provide for absolute bar but it leaves discretion on the tribunal to entertain O.A. - Tribunal can..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injury found not enough to cause death - Result of the injury not to be considered holding the commission of offence under section 307 IPC - It is sufficient if the injury is caused with an intention of causing murder...........
Indian Penal Code, 1860, Section 34 -- Common intention - To bring home charge of common intention prosecution has to establish by evidence, whether direct or circumstantial, that there was plan or meeting of mind of all the accused persons to commit the offence for which they are charged with the aid of Section 34, be it pre-arranged or on the spur of moment; but it must..........
Indian Penal Code, 1860, Section 201 -- To establish the charge under Section 201 IPC, it is essential to prove that an offence has been committed and mere suspicion that it has been committed is not sufficient...........
