Constitution of India, 1950, Article 226, 227 -- Interference by High Court with order condoning delay to pursue statutory remedy - High Court would be wary in interfering with order passed in exercise of a discretion conferred by law particularly when such discretion exercised to enable a party to pursue his statutory remedy of appeal - Appellate Authority condoned delay..........
Consumer Protection Act, 1986, Section 2(1),(g),21(b) -- UTI - Deficiency in service - Compensation - Cheque sent by the petitioner with his application for medical benefit cover under the Scheme Senior Citizens Unit Plan encashed by respondent but returned after six months by stating that amount was not sufficient held to be deficiency in service - Direction by the..........
Criminal Procedure Code, 1973, Section 313 -- Ordinarily, the purpose of Section 313 of the Code is to afford the accused an opportunity of offering an explanation of incriminating circumstances appearing in prosecution evidence against him - It is not necessary for the accused to speak and explain - However, when the case rests on circumstantial evidence, the failure of..........
Arbitration Act, 1940, Section 20, Limitation Act, 1963, Section 5 -- Arbitration - Delay - Condonation - S.5 Limitation Act applies and in an appropriate case Court can extend the benefit of the said Section...........
Essential Commodities (Special Provisions) Act, 1981, Section 12, Essential Commodities Act, 1955, Section 11 -- Criminal Procedure Code, 1973, Section 167 - Whether the special court which ceased to be a special court under the Essential Commodities (Special Provisions) Act, 1981, but continued as such under the Narcotic Drugs and Psychotropic Substances Act, 1985, has..........
Indian Penal Code, 1860, Section 307, 149, 333, 149, 452, 149, 427, 149, 148 -- Conviction - Procession by mob in protest against the death of a person of weaker Section of society in police custody - A part of procession attacked a bye stander who ran towards the police van and members of the police party then ran in that direction to rescue that man - At that stage some..........
Indian Penal Code, 1860, Section 307, 149, 333, 149, 452, 149, 427, 149, 148 -- Conviction - Identification - Appreciation of evidence - Procession by mob in protest against the death of a person of weaker Section of society in police custody - A part of procession attacked a byestander who ran towards the police van and members of the police party then ran in that..........
Indian Penal Code, 1860, Section 307, 149, 452, 149, 427, 149, 148 -- Conviction - Identification - Appreciation of evidence - Procession by mob in protest against the death of a person of weaker Section of society in police custody - Damage to the shops of seven persons who appeared as witnesses - None of the witnesses identified the appellants as the persons who had..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Existence of substantial question of law is a condition precedent for the High Court to assume jurisdiction of entertaining second appeal - Conditions specified in Section 100 of CPC are required to be strictly fulfilled and that the second appeal cannot be decided on merely equitable grounds...........
Customs Act, 1962, Section 108, 135 -- Criminal Procedure Code, 1973, Section 164 - Conviction - Confessional statement - Plea that the Customs Authorities while recording the statement under Section 108 of the Customs Act had not followed the safeguard provided under Section 164 of the Code - Findings of the High Court that the provisions of Section 164 of the Code are..........
