Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Fire in cold store due to short circuit - Liability of insurance company is proved - Since farmers are beneficiaries, they are entitled to get amount payable under policy - Value of goods as reflected in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Complaint filed by brother of sole proprietor of medical shop who was asked to vacate shop under directions of VC of petitioner/college - Allegations of destruction of medicines and other goods of shop by persons of college - Moreover, complaint not filed by sole proprietor to avoid liability to pay..........
Indian Penal Code, 1860, Section 326, 452, 34 -- Offence u/ss 326, 452, 34 IPC - Quantum of sentence - Accused entered the house of complainant attacked others present with axe and with sticks - Four people including complainant were injured - Main allegation against accused is that they used an axe to attack victim - In the scuffle, accused were also injured profusely -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20b(ii)(c), 55, 57, 52A -- Recovery of 26 kg Ganja - Recovered ganja not sealed at the spot - Even sample was not prepared at the spot - No explanation as to why samples reached FSL after delay of 23 days - Evidence of PW1 as well as PW5 show that no effort was made to inform superior Officials in accordance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 400 gms charas - Non-compliance of S.52-A of the Act - S.52-A of the Act, relates to destruction of case property and has no relevance so far as recovery and taking sample at the spot is concerned - Question of no, compliance of S.52-A of the Act, does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 7 kg 40 gms opium - Best evidence is the Court records to prove production of case property before Magistrate and deposit of the same in Malkhana or document showing destruction of the contraband...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 7.2 kg opium - Non-production of bulk quantity of opium - Would create a doubt in the mind of Court on genuineness of samples drawn - Simple argument that same had been destroyed cannot be accepted, as it is not clear that on what authority it was done - Neither application for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 4 quintals of ganja - Safe custody of Ganja - There is no destruction certificate of seized Ganja which is mandatory requirement under NDPS Act - Nowhere in prosecution case it has been stated that where 4 quintals of Ganja has been kept - There is thus, no, compliance of S.55 of the Act with..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Testimony of prosecutrix - Accused was known to prosecutrix - He allegedly entered house of prosecutrix through plastic roof and committed offence on her - Prosecutrix claimed to seen the torn ceiling from where the accused made his entry only in morning - However, it is suspicious as to how the destruction was not..........
Will -- Revocation - Torn or destroyed - A Will is not revoked by the executant if it is found that the Will is torn or destroyed only by wrong or accident or there is such destruction of the Will - Will is revoked only by such an act by destruction of the Will by the testator or by a person at the instance of the testator so as to make the destruction of the Will as an..........
