Prevention of Corruption Act, 1988, Section 7, 13(2), Criminal Procedure Code, 1973, Section 378 -- Conviction u/s 7 but acquittal u/s 13(2) - Appeal by State against acquittal - Refusal to grant leave to file appeal - Held, High Court should have analysed entire evidence on record independently and returned its finding objectively - No reasons given by High Court while..........
Criminal Procedure Code, 1973, Section 389 -- Conviction - Appeal against - Bail - High Court rejected bail application but liberty was granted to renew the bail application after six months - Held, this does not in any way show that there was entitlement for getting bail - Held, that there was non application of mind - Order of High Court set aside - Case remanded back...........
Banking service -- Withdrawal of amount - On presenting cheque - Case of complainant that neither she applied for cheque book nor her signatures are on the cheque - Case of the appellant that it is complainant who signed the application for cheque book and the cheque and payment made with her full knowledge - Though a case of oath against oath yet case of complaint allowed..........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 4 -- Conviction - High Court dismissed petition of accused without giving reasons as to how it was without any substance - Relevance of dying declaration and its effect not considered by High Court - Order of High Court convicting appellant set aside - Case remanded back...........
Indian Penal Code, 1860, Section 302, 307, 34 -- Acquittal - Homicidal death of two persons - PW 2 a child of 12 years at the time of incident witnessed the occurrence - Evidence that PW2 was admitted as indoor patient with serious injuries but that he was conscious to give statement - No plausible reason to discard his evidence - High Court did not examine credibility,..........
Housing -- Sale of flat - Conveyance deed - Execution of deed - Plea that respondent/complainant has not implemented the assurance contained in his letter and not paid the additional sum of 15% of the total sale consideration - Contention of the respondent/complainant that agreement is fictitious and was never signed by him - Impugned order set aside and case remanded to..........
Consumer Protection Act, 1986, Section 14(2)(A) -- Procedure - Signing of order - Divergent opinion of President and Member of Forum - Case kept pending and on appointment of third member after more than one year matter referred to her who agreed with member and allowed the complaint - The order signed singly which is in violation of the provisions of Section 14(2)A) -..........
Criminal Procedure Code, 1973, Section 397 -- Revision against charge framed u/s 304 IPC - Doctor gave an injection after which patient went in coma and ultimately died - Post mortem not conducted - Accused had no intention to cause death - Certain guidelines for prosecuting doctors considered - A doctor cannot be held responsible for patient's death unless he is negligent..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Charge u/s 7 r/w S.13(2) of the Act framed against Manager, Punjab Agricultural Development Bank - High Court holding that accused was not a public servant - Held, High Court has not analysed the factual position - Total share capital of the Bank was not known - No enquiry as to whether it was Govt. Company or not -..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 1910, Section 26(6) -- Electricity bills - Allegation against the complainant was that he had tampered with the meter so that while the disc of the meter was running and electricity was being supplied, the digits were not moving - Held that referring the matter to the Chief Electrical Inspector as directed by..........
