Criminal Procedure Code, 1973, Section 173 -- Cognizance - Charge sheet for offence under Prevention of Corruption Act filed - Presence of accused accidental - Court was informed that no sanction had been granted and the same was to be granted - Court adjourned hearing but recorded that copies would be given on next date - Order does not amount to taking cognizance as..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Post Office Act, 1898, Section 6,48 -- Postal service - Money Order - Delay of almost three months in delivering the amount of the money orders to the addressees - In the face of above stated evidence no other evidence was required to be established with regard to the wilful default of the officers/official of the..........
Consumer Protection Act, 1986, Section 2(1),(g),3, Post Office Act, 1898, Section 48 -- Additional remedy - Complaint maintainability - Money order - Delay in delivering the amount - The basis for determining the liability for deficiency incurred under the provisions of the Act, 1986 are entirely on a different footing than the liability to the extent laid down in Section..........
Plot allotment -- Alternative plot - Delay in delivery of possession - Compensation - Escalation cost - Complainant too have contributed to the delay in development by not depositing the amount of enhanced compensation as demanded - He cannot be allowed to take benefit of his own wrong - The complainant allowed to take possession of the allotted plot at the old rates and..........
Civil Procedure Code, 1908, Section 80(2) -- Leave to institute suit without notice - Grant of temporary injunction after hearing the parties - It does not amount to impliedly granting leave to institute suit without serving notice...........
Banking service -- Cheques - Stop payment - Deficiency in service - The cheque is an order issued by the Consumer to the bankers to pay certain amount stated therein - Likewise the stop payment is also an order issued by the consumer depositor to the banker to stop the payment and the bank has to act upon the instruction of the depositor/consumer - It is not the..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Claim as to non receipt of - Drawer can still make the payment of cheque amount within 15 days of the receipt of summons and can absolve himself of prosecution u/s 138 of the Act - If drawer does not make payment of cheque amount within 15 days of the receipt of summons then plea of proper service of notice is not..........
Constitution of India, 1950, Article 141 -- Precedent - Mere a direction of the Supreme Court without laying down any principle of law is not a precedent - It is only where the Supreme Court lays down a principle of law that it will amount to precedent...........
Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 197 -- Rs.2 lakhs as passenger tax paid to Deputy Excise and Taxation Commissioner who misappropriated the amount - No allegation that it was bribe money - Complaint u/ss 420 & 406 IPC and S.13(1)(d) Prevention of Corruption Act - Prior..........
Civil Procedure Code, 1908, Order 22, Rule 1 -- L.R's - Substitution - Some of L.R's impleaded - Does not mean that they alone are entitled to inherit entire subject matter of litigation - Question of inheritance is not decided and it is only a question of representation of estate which is decided under O.22 CPC - person who represents estate acts on behalf of entire body..........
