Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 165 -- Compensation - Death of the owner - cum - driver and cleaner of the insured vehicle - On non settlement of claim by Insurance Company complaint filed by LRs in District Forum - Held that seeking compensation for death and injury, the claimants have to approach MACT in their State - The..........
Consumer Protection Act, 1986, Section 13(1)(c), Evidence Act, 1872, Section 165 -- Soft drink - Allegedly contained dead lizard - It was seen with the assistance of magnifying glass and creeping gauge and State Commission came to the conclusion that bottle was tampered with and it has been produced before the Court by putting lizard inside bottled - Complainant refused to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43, Criminal Procedure Code, 1973, Section 165 -- Contraband - Search and seizure - Secret information - Not only provisions of S.165 of Cr.P.C. are attracted in the matter of search and seizure but the same must comply with the right of accused to be informed about the requirement to comply with the..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165, Indian Penal Code, 1860, Section 376(2)(c) -- Rape - Retarded woman - Case registered on report forwarded by Superintendent and Principal of Retarded and Child Rehabilitation Home - Statement of prosecutrix recorded by Magistrate under section 164 Cr.P.C. - Prosecutrix not examined during trial -..........
Evidence Act, 1872, Section 165, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Arguments heard and case fixed for orders - Magistrate in suo motu exercise of discretion directed for production of accounts concerning petitioner available with complainant - Document ordered to be filed was neither filed nor exhibited by complainant during trial -..........
Evidence Act, 1872, Section 165 -- Scope - Court should not pass order for placing evidence on record which is not produced by the complainant when an opportunity was granted - It is not for the Court to aid prosecution case and take steps for elimination of lacunae - If prosecution has come up with lacunae in its case the benefit must go to the defence...........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Witness - Recall - A witness cannot be recalled to fill up the lacunae in the case - A witness can be recalled when it is essential for the just decision of the case...........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Witness - Recall - Statement of witness that time of occurrence was 7 PM whereas the time was 7 AM - This is an error - Witness can be recalled to correct an error because to err is human - Accused not likely to suffer any prejudice as he will get ample opportunity to cross examine the witness -..........
Criminal Procedure Code, 1973, Section 103, 165 -- Search and seizure - Evidence obtained under illegal search is not completely excluded unless it has caused serious prejudice to the accused...........
Motor Vehicles Act, 1988, Section 165 -- Tractor used for propelling thrasher - Deceased wrapped with belt and struck against thrasher due to rash and negligent starting of tractor - Merely because tractor was not plied on road does not mean that accident had not occurred arising out of `use' of motor vehicle...........
