Consumer Protection Act, 1986, Section 2(b), 2(d), 2(m) -- Trust - Consumer complaint by Trust is not maintainable as Trust is not a person and therefore not a consumer...........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by public servant - Most essential ingredient of offence u/s 409 IPC is entrustment - Unless any property is entrusted to any one, question of its misappropriation does not arise...........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust by public servant - Quashing of Charge sheet - Only charge against accused is that fund which was misappropriated by co-accused was deposited in his account - Accused failed to explain as to how and under what circumstances huge amount was deposited in his account -..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 7, 10, 12, 19, 40, 33(8), Protection of Children from Sexual Offences Rules, 2012, Rule 7, Indian Penal Code, 1860, Section 166B -- Sexual assault - Directive issued that Police Officer or Special Juvenile Police Unit receiving complaint as to commission or likelihood of commission of offence under Act..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 33(8), 36, 37, Protection of Children from Sexual Offences Rules, 2012, Rule 7 -- Sexual assault - Directive issued that trial of case shall be held in camera in terms of s.37 of Act and evidence of victim shall be promptly recorded without unnecessary delay and following procedure of screening victim..........
Suits Valuation Act, 1887 -- Suit property was purchased by plaintiff out of the proceeds of joint family property - Presumption arises that it was a joint property - Burden was on plaintiff to establish that suit property was acquired by him without aid of joint family funds which he failed to discharge - Moreover, plaintiff himself is not having any document on the basis..........
Major Port Trust Act, 1963, Section 42, 59 -- Demurrage charges - Claim for remission - Appellant, third party to sale claiming remission before point of time - Appellant to take delivery of goods - Delay attributable to original consignee due to which goods stored at port - Appellant, aware of fact that port would charge demurrage - Not entitled to claim remission for..........
Major Port Trust Act, 1963, Section 42, 59 -- Demurrage charges - Claim for remission - Appellant, third party to sale claiming remission for period after right of appellant to take delivery came into existence - Delay attributable to authorities taking time in procedure - Therefore, part remission to be granted...........
Civil Procedure Code, 1908, Section 92 -- Suit against trust - Leave to file suit - Permissibility - Trust deed was executed in favour of respondents - Purpose of transferring the property is for development of Hindi Language and opening a library - Property gifted for a lawful purpose i.e a trust - Respondents not taking any interest in achieving the purpose for which..........
Indian Penal Code, 1860, Section 408, Criminal Procedure Code, 1973, Section 313 -- Criminal breach of trust - Misappropriation of school bus fare - Head clerk of school allegedly misappropriated school bus fare - All teachers deposited bus fare of students with accused - No question of entrustment of bus fare was specifically put to accused during his examination -..........
