Consumer Protection Act, 1986, Section 3, Gujarat Co-operative Societies Act, 1981, Section 96 -- Jurisdictional bar - Whether in any dispute between a member and Co-operative Society, the jurisdiction of Consumer Forum is barred by Section 96 of the Gujarat Co-operative Societies Act, 1981? - Held No - Jurisdiction excluded by this provision is that of civil or revenue..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Drainage system - Allegation that the drainage system provided by OP's was faulty due to improper maintenance and rain water entered his house damaging his valuables and other household articles and claim made for damages - Held that since the complainant did not hire or avail the service for consideration..........
Criminal trial -- Directions issued for compliance -
(i) All criminal courts shall ensure that appearance of the accused in all cases before them is completed as expeditiously as possible after commencement of proceedings; (ii) Once appearance is completely, parties shall immediate be heard and appropriate orders on charge shall be passed - Charge/particulars of offence..........
Indian Penal Code, 1860, Section 34, 149 -- Common intention & common object - Distinction - Common intention denotes action in concert and necessarily postulates the existence of a pre-arranged plan implying a prior meeting of the minds, while common object does not necessarily require proof of prior meeting of minds or preconcert - Though there is substantial difference..........
Criminal Procedure Code, 1973, Probation of Offenders Act, 1958, Section 360 -- Release on probation - Object of law in realeasing the convicts on probation is to ensure reformation - But if the Court comes to the conclusion that the release would become counter productive or it would not be in the interest of the society, the benefit of provisions of Offenders Act or of..........
Indian Penal Code, 1860, Section 498A -- Husband time and again expressing doubts about the character of his wife and beating her on that count - Amounts to cruelty - Trial Court was justified in convicting the accused under section 498-A of Indian Penal Code...........
Opium Act, 1878, Section 9, Criminal Procedure Code, 1973, Section 297(2) -- Criminal - Search and seizure - Link evidence - Affidavit - Recovery of 8 gunny bags of poppy husk from truck - Verification in the three affidavits relied upon by the prosecution not in conformity with Section 297(2) Cr.P.C. - These affidavits not admissible in evidence - Excluding these..........
Consumer Protection Act, 1986, Section 2(1),(e),(g) -- Education - Deficiency in service - Consumer dispute - Imparting of education by University and Institutes - A consumer dispute is cognizable under the C.P. Act against the University and Institutes imparting education and they can be adjudged deficient in rendering service as defined in Section 2(1) (g) of the Act...........
Criminal Procedure Code, 1973, Section 199(1), Penal Code, 1860, Section 500 -- Defamation - Complaint - Power of Attorney - Complainant, against whom malicious and defamatory imputations and insinuations published, a person employed in Dubai - Complaint filed by him through his power of attorney held not offending Section 199(1) Cr.P.C. and is competent...........
Criminal Procedure Code, 1973, Section 133(I)(ii),138 -- Modification/alteration of order - It is permissible to read into Sections 133(1) (ii) and 138 a power to modify/alter an earlier final order passed under Section 138 if the necessary circumstances are established satisfactorily...........
