Civil Procedure Code, 1908, Section 2(9), Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 1, 4(2) -- Defendant proceeded ex parte - Merely for this reason, allegations in complaint cannot be accepted to be correct - Court has to record a finding or call for evidence in support of the plaint allegations...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Accused armed with axes and 'lathis' assaulted deceased - Eye-witnesses PW2 and PW3 witnessed the incident - Delay in lodging FIR explained by PW2 as after incident he went to search the sarpanch of village and to call brother of deceased - PW2 did not rescue his father - Assailants were four in number and with arms -..........
Telegraph Act, 1885, Section 7B -- Telephone - Excessive bill - Arbitrator's award - Proper enquiry has to be conducted - Arbitrator must call for the details viz. (a) the record of fortnightly readings in respect of 6 preceding bi-monthly periods and for all the available succeeding bi-monthly period; (b) an extract of fault card for the disputed period; (c) spurt report,..........
Information Technology Act, 2000, Section 67, Indecent Representation of Women (Protection) Act, 1986, Section 6, Immoral Traffic (Prevention) Act, 1956, Section 5, 6, Criminal Procedure Code, 1973, Section 407, 409 -- Offence relating to exploitation of certain men and women for the purpose of making pornographic photos and videos in various acts of sexual intercourse -..........
Indian Penal Code, 1860, Section 364A, 361, 363 -- Child kidnapped and demand of Rs.20 lacs made - A near relative of victim received a call from accused demanding ransom - That relative not examined - Self serving statement of mother not believed - Mother having strained relations with some of the accused - Accused acquitted of offence u/s 364-A - Offence of kidnapping..........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Complaint - Offence exclusively triable by Court of Sessions - Magistrate has no power to issue direction u/s 156(3) Cr.P.C. - In such a complaint it is incumbent upon Magistrate to call upon the complainant to produce witnesses and Magistrate is to decided whether cognizance is to be taken or not...........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(d) -- Contract Act, 1872, Section 73 - Banking Services - Interest - Call deposit - Non-payment of maturity amount - Plea of appellant-Bank that all deposits at higher rates issued by mistake and also conversion thereof into FDRs from retrospective effect was done inadvertently - Held that it could not be said that..........
Employee's State Insurance Act, 1948, Section 83,(2) -- Contribution to ESI - Limiting of liability - Contribution for the period between 1975 to 1986 was not made by the club - The law in regard to the institution like a club coming within the purview of the definition of establishment for the purpose of the Act was nebulous - So Corporation didn't take action against..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Murder of two children by sword blow injuries when PW2 with whom accused had illicit relations refused to accompany him - PW2 was aunt of accused in relation - Accused left weapon of offence on spot and thus it was not a case of pre-planned cold blooded murder - Act of accused not brutal, grotesque,..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Housing - Deficiency in service - Interest rate - Refund - Law laid down with regard to payment of interest on refund and compensation by the Apex Court - Held that irrespective of this order, the authority will not be entitled to call upon the party to refund the amount which have already been paid @18%...........
