Criminal Procedure Code, 1973, Section 251, 204 -- Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Criminal complaint u/S.138 - After service of summons accused appeared before the trial Court and record of Income Tax was summoned - Admission/denial of documents has already been carried out - Held that the accused would be entitled to a hearing at the..........
Criminal Procedure Code, 1973, Section 319 -- Penal Code, 1860 - Ss.323/324/325/326/148/149 - Summoning as additional accused - Jurisdiction - Res Judicata - When the provisions of S.319 Cr.P.C. were invoked for the second time, the Court did have evidence before it which was not the case when first application was dismissed - Plea of res judicata held not tenable -..........
Consumer Protection Act, 1986, Section 17 -- Complaint - Pecuniary jurisdiction - Costs - Complaint alleging deficiency in service to Telephone subscribers whose telephone remained out of order ranging between 7 days to 14 days due to cloud burst - Damage claimed for Rs. 4,80,750/- and also claimed costs of Rs. 25,000/- to make the claim over Rs. 5.00 lacs to invoke..........
Consumer Protection Act, 1986, Section 21(b) -- Scooter defect - No manufacturing defect - Defect pointed out rectified and the petitioner complainant gave satisfactory note - Complaint filed alleging various defects and deficiency in service dismissed by the District Forum and appeal also dismissed - Held that petitioner has given satisfactory note - Do not find it a fit..........
Fixed deposit -- Non payment of maturity amount - Deficiency in service - Direction to OP 2 to refund the amount and compensation of Rs, 1,500 - Plea of the complainant petitioner that it was respondent No. 1 on whose representation he had deposited the amount and to fasten liability on him repelled by the District Forum as well as in appeal by the State Commission - Held..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - The petitioner/applicant claims that he was beaten hurt and abused and consequently seeks registration of a case punishable u/S.326/506 IPC besides S.3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - On conducting a preliminary..........
Consumer Protection Act, 1986, Section 17,21, Stamp Act, 1899, Section 31,32,38,(,as,amended,by,the,State,of,West,Bengal) -- Jurisdiction - Impounding of understamped document - State Commission passing order to send the under stamped documents to the District Collector concerned for impounding the same and to realise the deficiency in stamp duty on the plea that it has no..........
Housing -- Refund of earnest money - Deficiency in service - Interest - Delay of five years in refund of the amount and that too without ineterest - Plea of the petitioner OP that respondent did not ask for refund of money - Not informed if respondent was ever made aware of the fact that he would get the money refunded on his asking - Award of interest @ 18% by the State..........
Constitution of India, 1950, Article 226(2) -- Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) - Preventive detention - Territorial jurisdiction - Detention order passed against the petitioner on the ground that he heavily over-valued the consignment of goods for export to fraudulently avail benefit under the DEPB Scheme -..........
Consumer Protection Act, 1986, Section 21 -- Insurance claim - Repudiation - Claim totalling about Rs. 1 crore - Contention of OP that it has already paid the complainant a sum of Rs. 4,35,246/- in complete satisfaction of its insurance claim - Arbitration clause also existed - Numerous documents are on record - It would be difficult to decide such a matter on the basis of..........
