Consumer Protection Act, 1986, Section 12 -- Insurance claim - Theft of vehicle - Delay of 7 days in lodging FIR and delay of 78 days in intimating to the Insurance Company - District Forum and State Commission passed an award to pay the insured amount but National Commission set aside the order - Delay in lodging FIR need not to be considered, in the instant case, as plea..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Photocopy of document - Pre-conditions as laid down u/s 66 of Evidence Act not satisfied by petitioners - Neither any admission was made by petitioners for procuring original document nor any FIR or any document to show that original has been misplaced - Mere bald statement by petitioner would not be sufficient for..........
Indian Penal Code, 1860, Section 366, 376D, 323, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Kidnapping and Rape - Prima facie facts of case disclose that accused firstly kidnapped the victim and thereafter under coercion and threat shown marriage with her and also obtained protection by filing Writ petition - This is..........
Indian Penal Code, 1860, Section 366, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 366 IPC - Both the petitioners are major - Petitioner No.1 left her home with petitioner No.2 willingly and is living with him as a married woman - FIR quashed...........
Indian Penal Code, 1860, Section 387 -- Offence u/s 387 IPC - Allegation that accused came to house of complainant and called him outside and started abusing him and demanded Rs.5000/- and also fired shot in the air in order to threaten complainant - Averments made in FIR corroborated by victim - Eye witness corroborated the complainant's version - Accused failed to..........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Delay in lodging FIR is not of significance - However, conduct of mother of victim is not taking victim to doctor, despite noticing an injury on her private parts and victim complaining of passing reddish color urine, is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 3, 6, 5, 17, 16 -- Quashing of FIR - Kidnapping and rape of 17 years old girl - Settlement between parties - Accused and victim got married - Compromise and settlement entered between parties and marriage subsequently..........
Maharashtra Police Act, 1951, Section 56 -- Externment order - Challenge as to - Externment order was outcome of complaints lodged by appellant against government officials, some Madrasas and persons connected with such Madrasas, who later lodged FIRs against appellant - FIR`s against appellant clearly vindictive, retaliatory and aimed to teach a lesson to appellant and..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Where stage of giving opportunity to complainant to file a protest petition urging upon trial Court to summon other persons as well who were named in FIR but not implicated in charge-sheet has gone, in that case also, Court is still not powerless by virtue of S.319 Cr.P.C and even those persons..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 307, 341, 148, 149 -- Summoning of additional accused - Murder - Name of proposed accused were specifically mentioned in FIR with specific role attributed to them - High Court failed to appreciate fact that for attracting offence u/s 148 IPC only forming part of unlawful assembly is..........
