Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Requirement of leading detailed evidence could not be a ground to shut the doors of any forum created under the Act like Consumer Protection Act - The anvil on which entertainability of a complaint by a forum under the Act is to be determined, is whether the questions, though complicated they may be, are..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Revisional jurisdiction of National Commission u/s 21(b) of the Act is extremely limited - It should be exercised only when it appears to National Commission that State Commission had exercised a jurisdiction not vested in it by law, or had failed to exercise jurisdiction so vested, or had acted in the exercise of..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - National Commission itself had exceeded its revisional jurisdiction by calling for report from Bank and solely relying upon such report had come to conclusion that two fora below had erred in not undertaking requisite in-depth appraisal of case that was required - However, both State Commission as well as consumer..........
Indian Penal Code, 1860, Section 376, 376A, 376AB, 377, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Forensic report in respect of DNA match between incriminating articles recovered from scene of crime as well as at the instance of accused and blood sample of accused, not put to accused u/s 313 Cr.P.C..........
Transfer of Property Act, 1882, Section 48 -- Successive transfers - The fact that subsequent purchaser is a bona fide purchaser cannot be a ground by itself for postponing rights of prior transferee...........
Registration Act, 1908, Section 49 -- Proviso - Scope - S.49 Proviso of the Act can only be invoked in cases of suit filed for specific performance and not in the suit in nature of declaration, permanent injunction and cancellation of sale deed, as same is not a collateral transaction...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of amenities, joy and pain/sufferings - Claimant suffered permanent partial disability and prolonged hospitalization - Various operations of claimant were performed - Rs.50,000/- awarded towards loss of amenities, joy and Rs.50,000/- towards pain/sufferings is on lower side - Rs.3,00,000/- awarded..........
Prevention of Corruption Act, 1988, Section 17 -- Persons authorized to investigate - Investigation of case was entrusted by Superintendent of Police to Inspector of Police - There is no fetter of law that under instruction of Superintendent of Police, an Inspector cannot conduct investigation - Contention that investigation is vitiated because of being done by a non..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Statement of sanctioning authority has been recorded as PW99 - Matter is pending trial - Court feels to abstain from making any comment as legality shall be adjudicated by trial Court after final arguments are heard - Since there are no legal grounds to interfere in the course of trial, petition..........
Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - If a property of male Hindu dying intestate is a self acquired property or obtained in partition of a co-parcenary or a family property, same would devolve by inheritance and not by survivorship and a daughter of such a male Hindu would be entitled to inherit such property in preference to..........
