Criminal Procedure Code, 1973, Section 340, Penal Code, 1860, Section 191,192,193, Industrial Disputes Act, 1947, Section 17B -- False affidavit - Tendered in Court - Plea of respondent that false averment, if any, was made not directly in a claim made by him under Section 17B of the ID Act but was made in response to respondent's plea in Civil Miscellaneous application..........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Electricity Supply (Consumers) Regulations, 1984, Regulation 9 - Consumer - Electricity power connection - Power connection stood in the name of the late father of the complainant - Nowhere pleaded that any mutation having been done in that connection in the name of the complainant - Held that unless there is an..........
Criminal Procedure Code, 1973, Section 438 -- Accused summoned u/s 302 IPC in a complaint case on the allegation that husband alongwith three relatives killed the wife - All accused granted anticipatory bail except the husband on the condition that the accused will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of..........
Criminal Procedure Code, 1973, Section 210 -- Applicability - To attract the provision it is necessary that when the complaint case is filed, police investigation is pending and in progress and the same is not completed - However, where Magistrate has already taken cognizance on Police Report and thereafter complaint is filed, S.210 Cr.P.C. is not attracted...........
Criminal Procedure Code, 1973, Section 190 -- 'Taking cognizance' - Means judicial application of mind by Magistrate to the facts mentioned in the complaint with a view to taking further action...........
Civil Procedure Code, 1908 -- Order 39, R. 1 and 2 - Temporary injunction - Departmental proceeding - Respondent-plaintiff initiated criminal proceedings over sexual harassment against her employer - Employer in turn retaliated by initiating departmental inquiry against her without taking notice of her complaint against them - Respondent plea, not possible to attend the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Amendment - Cheque number and date of information received from bank sought to be amended - Held, trial Court has inherent power to allow to rectify typographical mistakes to do justice between the parties - Criminal Courts have an auxiliary power subject to restrictions which justice,..........
Housing Scheme -- Refund - Interest - Pleadings - Complaint alleging deficiency in service in non payment of interest on the amount refunded - Respondents-complainants opted out of the Scheme - District Forum going beyond the pleadings and awarding interest under general law - Held that since the OPs have not made the delay in allotment of land for construction of flats..........
Life Insurance Policy -- Salary Savings Scheme - Money Back Policy - Contribution deducted from salary of the appellant-complainant - Premium instead of LIC head deposited in PLI head due to clerical mistake by pay bill clerk of the office of respondent No.2 - Respondent No.2 directed to make payment of the due amount to the appellant complainant with interest @9% p.a...........
Consumer Protection Act, 1986, Section 13 -- Insurance claim - Complex and complicated matter - Both the parties have placed all the relevant record and material before the Forum - Dismissal of the complaint directing the parties to approach civil court as it involves complex and complicated matter - Held that the District Forum should have decided the matter on merit as..........
