Consumer Protection Act, 1986, Section 27, Criminal Procedure Code, 1973, Section 4(2),427(1) -- Penalties - Offender already undergoing sentence for another offence - Plea of the petitioner for directing to run the sentence concurrently rejected by respondent No.2 on the ground that the sentence imposed in the earlier consumer dispute was not directed to run concurrently..........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(o), Employee's State Insurance Act, 1948, Section 75(3) -- Bar of jurisdiction - Consumer - Service - Tubectomy operation - Failure of - Complaint filed by the complainant alleging that her husband member of ESI Scheme and contributing from his wages for getting medical treatment and her tubectomy operation was for..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Launching of 107/151 Cr.P.C. proceedings by wife - Held, launching of proceedings under Section 107/151 Cr.P.C. just to deter the husband not to indulge further into the infarious activities, such action on the part of the wife cannot be termed as cruelty...........
Criminal Procedure Code, 1973, Section 172(3), 173(5) -- Demand by the applicant accused for copies of statements recorded by police under Section 161 Cr.P.C which are not filed by the prosecution in the court along with the charge sheet and on whom the prosecution is not relying - The demand of the applicant accused held untenable...........
Indian Penal Code, 1860, Section 304B, 34, 120B -- Dowry death - Kerosene poured and thereafter with lighted match stick the girl was burnt to death - FIR depicts the case of torture in order to attract Section 498-A together with ingredients of charge u/s 304-B - FIR found to be interpolated as such High Court acquitted accused u/s 304-B - No exception can be taken to the..........
Criminal Procedure Code, 1973, Section 438 -- Penal Code, 1860, Section 406, 498A - Anticipatory bail - Concealment of material facts - Averment by petitioner that he is directly approaching the court for anticipatory bail whereas his application was pending in the Sessions Court - Making the false allegations by petitioner misled the court and application for anticipatory..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C. - Appellant held to be in possession - Revision against, dismissed - High Court set aside the order holding that respondent had not been given an opportunity to file written statement and adduce evidence - Held, High Court erred in law in exercising its jurisdiction under Section 482 Cr.P.C...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Appreciation of evidence - The incident was premeditate and the assault had been made after due preparation - The accused also took undue advantage of their position of strength and caused injuries to the deceased as also to the injured who were admittedly unarmed and had given no serious provocation - Held..........
Criminal Procedure Code, 1973, Section 482 -- Delhi Special Police Establishment Act, 1946, Section 6 - Investigation by C.B.I. - Criminal offence - Allegation of molestation by petitioner a maid servant against an high ranking Police Officer in whose house she was working - State Government ordered inquiry by an officer of coordinating rank - Contention of the State that..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Sub Inspector alleged to have beaten a prisoner to death for extracting a confession - Charge u/s 302 IPC - Contention was worthy to be considered that offence could be covered by S.304 Part I IPC in view of Exception 3 of Section 300 IPC - Applicant deserved to be released on bail of Rs.25,000/- with two solvent..........
