Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C. - Appellant held to be in possession - Revision against, dismissed - High Court set aside the order holding that respondent had not been given an opportunity to file written statement and adduce evidence - Held, High Court erred in law in exercising its jurisdiction under Section 482 Cr.P.C...........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Post Office Act, 1898, Section 6 -- Postal service - Deficiency in service - The non-receipt of acknowledgement of certain registered letter sent with acknowledgement due and in some cases receipt of the acknowledgement with deficiency in particulars - There is no specific allegation as respects the postal..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Post Office Act, 1898, Section 6 -- Postal service - Deficiency in service - Compensation - Delay of 9 days in delivery of letter - The act of the OPs not only found falling within the term `wilful act' but also `default' - Plea of protection of appellant OP under Section 6 of the Post Office Act repelled -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Appreciation of evidence - The incident was premeditate and the assault had been made after due preparation - The accused also took undue advantage of their position of strength and caused injuries to the deceased as also to the injured who were admittedly unarmed and had given no serious provocation - Held..........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(o) -- Consumer - Service - Service includes the provisions of facilities in connection with banking, financing, insurance etc. as defined in Sub-section 2(o) of the Act - Respondent taking loan from LIC for consideration in the shape of interest and paying such consideration - Complainant is a consumer qua the opposite..........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Complainant a subscriber to the Kuri and had occasion to participate in the draw and was winner in the draw - Without justifiable reason the company did not pay the prize amount - The complaint satisfies section 2(1) (b) of the Act - The complainant held to be a consumer as per Section 2(1) (d) (ii) and the..........
Criminal Procedure Code, 1973, Section 482 -- Delhi Special Police Establishment Act, 1946, Section 6 - Investigation by C.B.I. - Criminal offence - Allegation of molestation by petitioner a maid servant against an high ranking Police Officer in whose house she was working - State Government ordered inquiry by an officer of coordinating rank - Contention of the State that..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Sub Inspector alleged to have beaten a prisoner to death for extracting a confession - Charge u/s 302 IPC - Contention was worthy to be considered that offence could be covered by S.304 Part I IPC in view of Exception 3 of Section 300 IPC - Applicant deserved to be released on bail of Rs.25,000/- with two solvent..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Cause of action arose during 1989 and April, 1992 - Complaint filed in January, 2001 without filing application seeking condonation of delay in terms of Sub-section (2) of Section 24-A - Complaint dismissed in limine being hopelessly barred by limitation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque drawn by one of the accused - Notice to drawer alone and not the other accused - Process issued against both accused - Order issuing process against person who had not drawn the cheque and to whom notice under Section 138 not given quashed...........
