Consumer Protection Act, 1986, Section 23 -- Home buyers - 90% payment made - Failure to deliver possession in time - National Commission erred in directing that developer shall be entitled to charge interest @ 9% p.a from appellants on the balance amount till date of payment - Judgment of National Commission to that extent set aside...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Merely because charge sheet is filed cannot be a ground for High Court not to invoke its jurisdiction u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 304B -- Dropping of charge u/s 304-B IPC - Death of deceased took place after more than seven years of her marriage with accused - Trial Court rightly dropped the charge u/s 304-B IPC...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302 -- Framing of charge u/s 302 IPC - Trial Court while framing charge u/s 302 IPC has not prima facie considered the statement of witnesses u/s 161 Cr.P.C and contents of postmortem report regarding death of deceased and nature of injuries of deceased given in post mortem report - No sufficient..........
Civil Procedure Code, 1908, Order 40, Rule 1, 2 -- Discharge of receiver - Receiver discharges his duties at the pleasure of Court - If Court discharges receiver, he has to hand over charge forthwith to newly appointed receiver - However, at the time of discharge, receiver is adequately remunerated for work he has done - Outgoing receiver granted leave to apply before..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 324, 34 -- Anticipatory bail - Attempt to murder - Investigation of case is still going on and I.O is yet to file the charge sheet - Accused is a young person who is a student and he had agreed to bind himself with any conditions fit to be imposed by Court - Anticipatory bail granted with..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - No averment in the complaint to the effect that appellant is in-charge of and responsible for day to day affairs of company - It is not the case of complainant that appellant is either Managing Director or Joint Managing Director of Company -..........
Prevention of Corruption Act, 1988, Section 313(2), 13(1)(d) -- Illegal gratification - Discharge - Allegations levelled against accused in the charge-sheet is that they misused their official position while they were entrusted with the public money being the Chairman and Managing Director and Executive Director respectively of Bank - However, truthfulness or otherwise of..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary charge sheet - Magistrate cannot take cognizance of a supplementary charge sheet submitted after further investigation if it does not contain any fresh oral or documentary evidence...........
Hindu Marriage Act, 1955, Section 13A -- Divorce - Long period of continuous separation has resulted in matrimonial bond wrecked beyond repair - Marriage between parties has become a fiction - Wife filed a criminal case against husband u/ss 498-A, 504, 506 IPC but charge sheet was submitted only u/s 406 IPC and for rest of offences no evidence has been found against..........
