Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Commercial purpose - Defective vehicle - Complaint regarding - Preliminary objection that the Mahindra jeep purchased by the complainant for running a taxi and for commercial purpose and dispute falls outside the purview of the Act repelled - Held that it was purchased by the complainant under the Prime Minister..........
Indian Penal Code, 1860, Section 34 -- Common intention - To bring home the charge of common intention, the 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..........
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...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Heroin - Recovery of 600 grams in personal search of accused who was pillion rider on a motorcycle which was driven by co-accused - Conviction - Challenged on ground of non compliance of provision of S.42 - Accused apprehended on prior secret information - To attract provision of sub-section (2) of S.42..........
Criminal Procedure Code, 1973, Section 439 -- Prevention of Terrorism Act, 2002, Section 50 - Bail - Accused prosecuted under POTA - Cognizance of offence taken on the date on which there was no sanction u/s 50 of POTA - Accused is entitled to bail...........
Indian Penal Code, 1860, Section 302, 304 Part II -- Murder - Bride burning - Prosecution alleged that sister-in-law and mother-in-law of deceased poured kerosene on deceased and set her on fire - Deceased rushed outside with flames on her person shouting for help - Accused did not try to save deceased - Relationship of accused and deceased not cordial - Case of stove..........
Departmental proceedings -- Petitioner acquitted from criminal case under section 409 IPC - It would not absolve the petitioner from departmental proceedings for the charges of negligence in duties, violation of departmental rules, causing unusual loss to the departmental revenue and misconduct under the service rules...........
Indian Penal Code, 1860, Section 306, 498A -- Criminal Procedure Code, 1973 - Section 235 (2) - Sentence - New Plea - Order of conviction and sentence passed on same day - Appellant not seeking adjournment or time for making submission on the sentence - No grievance against passing of conviction and sentence on same day made before High Court either in Memorandum of appeal..........
Consumer Protection Act, 1986, Section 2(b),(v) -- Legal representatives - Impleadment of - Complaint filed in the year 2000 - Complainant died on 27.6.2001 but the fact not brought to the notice of District Forum and complaint partly allowed on 13.3.2003 - Appeal filed by appellant/OP on 15.5.2003 - Application filed by son of the complainant/respondent to allow him to..........
