Consumer Protection Act, 1986, Section 3 -- Additional remedy - Arbitration clause - Held that the arbitration clause would not be a bar to the entertainment of the complaint by the redressal agency constituted under the Act...........
Criminal Procedure Code, 1973, Section 46 -- Arrest - A person, who is not in custody, approaches the police officer and provides information, which leads to the discovery of a fact, which could be used against him, it would be deemed that he had surrendered to the authority of the investigating agency...........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(f) -- Jeep - Manufacturing defect - Dealers liability - Held that if dealer acts just as an agent of manufacturer, he could not be held liable for the manufacturing defect and liability would be that of manufacturer - In case where independent dealership without there being any agency of the manufacturers, vehicles are..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Investigating Agency has come to the conclusion that prima-facie case is made out against petitioner and challan is ripe to be filed in concerning Court - Held, it would amount to interference with statutory power of police to investigate a matter - Moreover, taking into consideration the first information..........
Commercial property -- Maintenance charges - Enhancement of - There has been a phenomenal increase in the cost of the services like electricity and water supply which necessitated the increase in the rates - The maintenance agency held justified in increasing the price of services from 20 paise per sq. ft. to 35 sq. ft............
Consumer Protection Act, 1986, Section 2(1)(g) -- Vehicle finance - Forcible possession - If any service provider wants to engage private agency for recovery of dues, it has to authorize it to only recover it through legal method, say by suit for recovery and not through any other methods - Say by employing threats, harassment, force and causing injuries from whom some..........
CBI investigation -- Where Magisterial enquiry report or police officers' report tries to illegally protect the subordinate police officers/authorities that a CBI enquiry is ordered and not in a case where the conducts of the investigating agency do not create any doubt - CBI investigation can also be ordered in a case where the matter is enquired into by a judicial..........
Criminal Procedure Code, 1973, Section 154 -- Two FIR's - When there are rival versions in respect of the same incident, they would normally take the shape of two different FIRs and investigation can be carried on under both by the same investigating agency...........
Criminal Procedure Code, 1973, Section 173(8), 173(2), 156 -- Further investigation - Investigating agency is not precluded from further investigation in respect of an offence in spite of forwarding a report u/s 173(2) on a previous occasion...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Sample - Not required to be taken in presence of Magistrate duly certified by him - S.52-A(c) is applicable only when investigating agency wants to dispose of recovered contraband...........
