Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Traveller's cheques - Purchase agreement of - Traveller's cheques (TCs) purchased under the terms and conditions embodied on the agreement of purchase entered into between purchasers of the TCs and the OPs - As per terms and conditions of the agreement the TCs could not be handed over for any consideration to a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18,50 -- Search and seizure - Partial offer - Recovery of 500 gms of opium from appellant-s possession - Non-compliance of provisions of Section 50 of the NDPS Act - Offer for search was partial as offer given by SI to the accused was only whether he wanted the search to be conducted in presence of a gazetted..........
Criminal Procedure Code, 1973, Section 438 -- Excise Act, 1914, Section 61 - Anticipatory bail - No incriminating circumstance qua petitioner-accused No.2 brought to the notice of the Court - His prayer for pre-arrest bail allowed - Involvement of petitioner-accused No.1 prima facie spelled out on record - Bail application qua him rejected...........
Penal Code, 1860, Section 364,365 -- r/w 120-B - Appreciation of evidence - Conduct of the prosecutrix showing that she was a willing party to go with the accused by riding the van in question and for taking her away the accused had not to use much force, which they otherwise would have used for carrying an unwilling woman - With non-examination of 'H - by prosecution, an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18,25,43 -- Search and seizure - Recovery of 2 kgs 100 gms of opium from the Tool Box of jeep - Contention of the accused-appellants that there was non-compliance of Sections 50 and 42 of the Act repelled - Section 50 of the Act will not apply as the search is not of the person but of the vehicle - The vehicle..........
Consumer Protection Act, 1986, Section 2(1),(d),(i),2(1),(d),(ii) -- Commercial Purpose - Clause of commercial purpose does not govern Section 2(1) (d) (ii) of the C.P. Act which relates to the service hired or availed by the consumer from the provider of the service - The condition of commercial purpose as incorporated in an explanation appended is in respect of Section..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 12(2) -- Right of personal hearing - Not a sine qua non before competent authority passes appropriate order under Section 12(2) - Right of personal hearing under rules of natural justice - Impliedly excluded - Mandate of Section 12(2) does not incorporate requirement of..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 4, Constitution of India, 1950, Article 226 -- Requirement to publish declaration of 'controlled area' under Section 4 in two newspapers in a language other than English - Delay of 21 years in one of the publications - Grievance would be justified if - (i) delay in..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 3, 5 -- Failure to prepare a Development Plan for 'controlled area' - Plea of non - compliance of provisions of mandatory procedure of Section 5 - Not tenable as action not initiated under Section 5 for violation of plans published - Show cause notice expressly states..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 4(2) -- Declaration of 'controlled area' under Section 4 to be published in two newspapers in a language other than English - Notification published in two languages in Hindi and Urdu besides its publication in English - Objection that Haryana Official Language Act does..........
