Criminal Procedure Code, 1973, Section 190(1)(a), 200 -- Personal examination of complainant - When necessary? - Held, Magistrate before he takes cognizance of an offence u/s 190(1)(a) of Code, needs to personally examine complainant and witnesses and he cannot for this purpose act upon affidavit of complainant and/or witnesses, unless, complaint is governed by a statute..........
Consumer Protection Act, 1986, Section 2(1)(r), 14(1) -- Banking service - Credit card - Unfair trade practice - False affidavit in evidence - Punitive damages - Instead of prosecuting the appellant, who filed affidavit which contained palpably wrong averments on the face of it due to which complainant had to suffer harassment and mental agony for pretty long time,..........
Punjab Civil Service Rules, Vol -- Suspension - Subsistence allowance - Denial of subsistence allowance on the ground of non - joining at the headquarter, fixed in the order of suspension - Suspension order itself indicate that the petitioner is not required to perform any duty - Held that non - joining by an employee has no relevance regarding the payment of subsistence..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Affidavits tendered in rebuttal evidence - Affidavit cannot contain averments which pertain to the affirmative character of evidence - Contents relatable to averments of affirmative character not to be accepted in rebuttal evidence...........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - FIR u/ss 406, 498-A, 34 IPC - Parties entered into compromise - Quashing of FIR sought - Respondent filled counter affidavit and admitted compromise - Held, no useful purpose would be served by proceedings further with criminal proceedings - FIR quashed...........
Eating house -- Deficiency in service - Compensation - Misbehaviour by employees of appellant with respondent - complainant - Appellant had displayed Self Service Indication in the Eating house but from facts born on record it is found that the bearers i.e. employees of the Eating House were serving customers including respondent/complainant at their tables - District..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of five bags - Affidavit of constable who carried the sample to chemical examiner and affidavit of constable with whom case property was deposited not put to accused in his statement u/s 313 Cr.P.C. - Link evidence missing - Incident eight years old - Not in the interest of justice to..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused cannot be permitted to lead his evidence by way of affidavit...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Evidence on affidavits - In the event an application is made by the accused, Court would be obliged to summon the person giving evidence on affidavit without having any discretion in the matter - Witness can be subjected to cross examination as to the facts stated in the affidavit - However,..........
Negotiable Instruments Act, 1881, Section 138, 145(1), 145(2) -- Dishonour of cheque - Documents produced along with the affidavit - Affidavit can contain the formal proof of the enclosed documents - However, if accused raises any objection with regard to the validity or sufficiency of proof of the documents submitted alognwith the affidavit and if the objections are..........
