Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Cannot be dismissed for default - Maintenance petition is not a complaint falling within purview of S.2(d) of the Code - Under the Code, only complaints can be dismissed u/s 256 Cr.P.C...........
Consumer Protection Act, 1986, Section 12, 21 -- Consumer complaint - Medical negligence - Patient received treatment in multiple hospitals and `TT' procedure was reinstated several times - Considering multiple procedures, prolonged intubation, severe injuries and subsequent medical complications, it would be unsound to link or attribute the complications solely to `NI'..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney of a company/firm - Complaint filed by firm in its name and is represented by its Branch Manager, who has been authorised as per Resolution - There is also a specific assertion in complaint that PW1 is competent to represent firm - PW1 is aware of transactions between..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney of a company/firm - Complainant produced statements of accounts which shows that outstanding amount due from accused to complainant tallies with amounts covered by cheques - Complainant has discharged its initial onus of proof by satisfying the concomitants constituting..........
Consumer Protection Act, 1986, Section 2(c)(iii) -- Consumer complaint - Medical negligence - Death of patient - Case of complainant was about lack of proper post operative medical care - No evidence on record that heart attack suffered by patient had any connection with operation in question or that it was on account of negligent post operative care - There was no mistake..........
Criminal Procedure Code, 1973, Section 2(d) -- Complaint - Petition filed before Executive Magistrate is not a complaint as defined u/s 2(d) Cr.P.C...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - District Magistrate or Sub-divisional Magistrate or any Executive Magistrate u/s 133 Cr.P.C cannot take action based on any `complaint', as S.133 Cr.P.C clearly states that action taken is based on a `report' of a police officer or other `information'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Date of receipt of notice is very important but it is not necessary that any particular date as regard receipt of demand notice should mandatorily be mentioned in the complaint itself - Day of receipt of demand notice can very well be inferred from documents/evidence on record...........
