Consumer Protection Act, 1986, Section 10 -- Appointment - Member of District Forum - Re-appointment - Vested right - Name of petitioner in select list along with others - Some selectees given appointment - Appointment not given to petitioner for second term though selected and vacancy ordered to be re-notified - Contention of the petitioner that in view of the proviso to..........
Insurance claim -- Discharge voucher - There is ample evidence in the form of discharge voucher, acceptance of cheque, its immediate encashment, not making protest or objecting while signing the discharge voucher or encashing the cheque - All this shows that with proper application of free mind without any fraud, misrepresentation and undue influence the complainant..........
Insecticides Act, 1968, Section 3(A), 17, 18, 29(1)(A), Criminal Procedure Code, 1973, Section 482 -- Offence under Insecticides Act - Sanction for prosecution - Granted mechanically without application of mind - Nothing to show as to how the petitioners were responsible for conduct of business - Petitioners also deprived of their right to get sample analysed - Proceedings..........
Prevention of Corruption Act, 1988, Section 5(2) -- Powers of sanctioning authority - Two accused - Sanction earlier not granted against one accused but the departmental proceedings initiated against him - Sanction granted against first accused - Supplementary charge with fresh sanction to prosecute both the accused filed - At the time of fresh sanction against both the..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Leave to appeal - Refused without giving reasons - Order set aside - Reasons introduce clarity of an order - Reasons must be given, may be brief, indicating application of mind...........
Criminal Procedure Code, 1973, Section 190 -- 'Taking cognizance' - Means judicial application of mind by Magistrate to the facts mentioned in the complaint with a view to taking further action...........
Criminal Procedure Code, 1973, Section 374 -- Conviction - Appeal against - Right of appeal is a statutory right - Deprivation of statutory right of appeal amounts to denial of procedure established by law - Judgment of first appellate court shows that there was non application of mind in regard to factual aspects of the case as Court merely proceeded to consider quantum..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused in custody since long and offence triable by Magistrate Ist Class - Not a ground for grant of bail - Nature of allegations and the seriousness of the offence is also to be kept in mind by Court while considering application for bail...........
Haryana Panchayati Raj Act, 1994, Section 51(1)(b) -- Expression 'adequate opportunity to explain' - Not defined in the Act or Rules - Expression represents statutory embodiment of one of the fundamental postulates of natural justice i.e. audi alteram partem - Authority entrusted with power to take action against any person - Should give action-oriented notice to that..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case after framing additional issues - Non application of mind as to whether issues already framed required any amendment, modification or alteration - Appellate Court required to pass such order so that trial Court may decide factual aspects avoiding second chance of remand - Order of Appellate Court set aside -..........
