Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Cheque if issued to cheat - Prosecution u/s 138 NI Act and also under S.420 IPC can be launched - Section 138 NI Act is not introduced in lieu of S.420 IPC...........
Consumer Protection Act, 1986, Section 2(1),(g), Arbitration and Conciliation Act, 1996, Section 35,36,42 -- Insurance claim - Dispute between the parties referred for settlement by way of an Arbitrator - The award passed by umpire and the complainant agreeing to amicably settle the matter by making payment on fulfillment of two conditions by the complainant - Complainant..........
Indian Penal Code, 1860, Section 302 -- Sudden fight between deceased and accused while they were taking drinks - Accused picked up a knife from kitchen and stabbed deceased - Case is covered by Exceptions 2 and 4 of Section 300 IPC - Conviction u/s 302 is liable to be converted to one under S.304 Part-I IPC - Sentence of 10 years imprisonment and fine awarded...........
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 161 -- Corruption - Demand of Rs.200/- to process application for refund of earnest money and security deposit - Rs.150/- recovered from appellant - Defence explanation that amount was received by him not as bribe but to give to another contractor who had completed work of removing..........
Consumer Protection Act, 1986, Section 2(1),(o) -- Services - No consideration was paid by the petitioner or his deceased wife for the treatment rendered to the petitioner's deceased wife in the military hospital - Doctors attending on her did not charge any fee - Would not mean service within the meaning of clause (o) of Section 2 of the Act...........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(o) -- Consumer - Service - Booking of a plot/house - Allotment subsequently cancelled on account of default in payment of the amount as per terms of allotemnt - Complainants are consumers within the meaning of Section 2(1) (d) of the Act and OPs are providing service for consideration within the meaning of Section 2(1)..........
Consumer Protection Act, 1986, Section 27,25 -- Application u/s 25/27 of the Act for enforcement of the order dated 12.7.2000 of the District Forum - Objections filed by OP rejected - Held that the applicability of Section 27 of the Act was not dependant upon the proceedings u/s 25 of the Act and independent resort could be had to the provisions of Section 27 of the Act -..........
Consumer Protection Act, 1986, Section 21, Insurance Act, 1938, Section 64UM -- Insurance claim - Correctness of the estimate of loss made by the surveyor disputed by the insurance under proviso to section 64-UM of the Insurance Act but State Commission directed the Insurance Company to pay the amount as estimated by the Surveyor - In first appeal National Commission not..........
Stamp Act, Section 38, 33, 35, 40 -- Document insufficiently stamped - Failure to pay amount fixed by Court - Cannot be the sole basis for dismissing suit - Section 35 empowers Court to direct party who wants document insufficiently stamped to be acted upon, to pay stamp duty or deficient portion together with penalty, for enabling document to be admitted in evidence -..........
Hindu Adoptions and Maintenance Act, 1956, Section 12, 13 -- Adoption - Rights of adoptive parents to dispose of their property - Is subject to agreement between parties - No implied contract restricting rights to dispose of properties - Natural father's unilateral letter offering to give in adoption and letter stating that adopted son will alone get adoptive father's..........
