Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Traveller's cheques - Purchase agreement of - Traveller's cheques (TCs) purchased under the terms and conditions embodied on the agreement of purchase entered into between purchasers of the TCs and the OPs - As per terms and conditions of the agreement the TCs could not be handed over for any consideration to a..........
Criminal Procedure Code, 1973, Section 438 -- Excise Act, 1914, Section 61 - Anticipatory bail - No incriminating circumstance qua petitioner-accused No.2 brought to the notice of the Court - His prayer for pre-arrest bail allowed - Involvement of petitioner-accused No.1 prima facie spelled out on record - Bail application qua him rejected...........
Consumer Protection Act, 1986, Section 2(1),(d),(i),2(1),(d),(ii) -- Commercial Purpose - Clause of commercial purpose does not govern Section 2(1) (d) (ii) of the C.P. Act which relates to the service hired or availed by the consumer from the provider of the service - The condition of commercial purpose as incorporated in an explanation appended is in respect of Section..........
Criminal Procedure Code, 1973, Section 209 -- Charge u/s 307 IPC - Death of victim after a month - Supplementary charge-sheet u/s 302 IPC filed and cognizance of offence taken - Held, cognizance is not taken on a particular section of offence or a particular accused - Any subsequent addition or deletion in section and of accused can be made subsequent to taking cognizance...........
Evidence Act, 1872, Section 105, Indian Penal Code, 1860, Section 99, 96, 103 -- Right of private defence - Onus which rests on the accused person under Section 105 Evidence Act to establish his plea of private defence is not as onerous as the unshifting burden which lies on the prosecution to establish every ingredient of the offence with which the accused is charged,..........
Indian Penal Code, 1860, Section 34 -- With the aid of section 34 a person can be made liable for an action of an offence not committed by him but by another person with whom he shared the common intention as section 34 recognises the principle of vicarious liability in criminal jurisprudence...........
Criminal Procedure Code, 1973, Section 438,70(2) -- Anticipatory bail - On a private complaint process issued against petitioner under Section 448,506 and 313 IPC in which his application for exemption u/s 317 Cr.P.C. rejected and non bailable warrants issued - Held that provisions of Section 438 Cr.P.C. not applicable in the case - The petitioner can seek recall of the..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings can be initiated under the provision only when there is apprehension of breach of peace on a dispute of land or water or the boundary thereof - Dispute without apprehension of breach of peace does not give jurisdiction to the Magistrate to initiate proceedings under Section 145, Cr.P.C. to adjudicate the claim of..........
Prevention of Corruption Act, 1988, Section 2(c)(ix),13E -- Public Servant - Quashing of FIR - Officers of the Primary Land Mortgage Bank would be covered under the definition of 'public servant' contained in Section 2(c) (ix) of the Act inasmuch as the Primary Land Mortgage Bank is a Society registered under the Haryana Cooperative Societies Act and deals in banking - No..........
Criminal Procedure Code, 1973, Section 468 -- Haryana Development and Regulation of Urban Areas Act, 1975, Sections 3(i) and 10 - Cognizance of offences - Limitation - Quashing of FIR - FIR registered on 8.11.1983 for violation of provisions of Clause (i) of Section 3 of the 1975 Act - Challan submitted on 11.11.1986 - Delay not explained - Continuation of proceedings..........
