Rights of Persons with Disabilities Act, 2016, Section 47, 20 -- Disciplinary proceedings against persons with mental disabilities - Challenge as to - Appellant diagnosed with 40-70% mental disability - Complaint lodged against appellant alleging that he had stated that he was obsessed with either killing or being killed and made a threat that he could shoot - Appellant is..........
Evidence Act, 1872, Section 113B, Indian Penal Code, 1860, Section 304B -- Presumption u/s 113-B Evidence Act - It is rebuttable presumption - Presumption can be dispelled through cogent evidence that all the ingredients of S.304-B IPC have not been satisfied...........
Indian Penal Code, 1860, Section 304B, 201, 34, Evidence Act, 1872, Section 113B -- Dowry death - Deceased had gone missing from her matrimonial home within a few months of her marriage immediately after demands of dowry were made - Dead body of deceased recovered from banks of river which indicates that deceased had died under abnormal circumstances - No plausible..........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - Joint complaint and complaint filed in a representative capacity - Where there are only "a few consumers" and not "numerous consumers" having same interest, they can join together and file a joint complaint - A joint complaint stands in contrast to a..........
Consumer Protection Act, 1986, Section 35(1)(c) -- Consumer complaint in representative capacity - For attracting provision of S.35(1)(c) of the Act, complaint filed by one or more consumers should be on behalf of or for the benefit of numerous consumers having same interest...........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - `Sameness of interest' is pre-requisite for an application U.O.1.R.8 CPC r/w S.35(1)(c) of Consumer Protection Act, 2019 - It is necessary for respondents to include in consumer complaint sufficient averments that would show sameness of interest...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 341, 34, Arms Act, 1959, Section 27 -- Bail - Attempt to murder - Offences alleged against accused are serious in nature - There is history of enmity between parties - Accused has been named in eight cases and thus, he has criminal antecedents - Accused had absconded for a period of seven..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 118 -- Cruelty to woman - Husband and mother-in-law treated deceased with cruelty and harassed her for dowry resulting in her suicide by drowning herself in pond - Parents, uncle and neighbour of mother of deceased deposed that she told them about cruelty with demand of money - Married woman does not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Issuance of cheque and signature of accused in cheques are not in dispute - Cheques came to be issued on account of cancellation of sale agreement and therefore, initial burden is discharged by complainant by placing necessary oral and documentary evidence on record - Trend to cross..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When once signature on cheque is admitted, presumption u/ss 139, 118 of the Act comes into play and such presumption has not been rebutted by any legally tenable defence - Conviction upheld...........
