Criminal Procedure Code, 1973, Section 210, 223 -- Complaint and police case in respect of same offence - Even if case of joint trial does not fall u/s 210 Cr.P.C. even then trial of complaint case and police case can be conducted jointly u/s 223 Cr.P.C. so as to avoid failure of justice or prejudice any accused who is charge sheeted in police report as well as who is also..........
Criminal Procedure Code, 1973, Section 210, 223 -- Complaint and police case in respect of same offence - Applicants Nos.1, 2 and 3 are accused in police case as well as complaint case - However, they themselves prayed that their trial of police case as well as complaint case should not be conducted jointly - In such circumstances, directing to conduct trial of complaint..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Car accident - Damage to car - Car damaged due to accident and also short circuit following the accident - Appellant had a co-passanger at the time of accident and co-passenger needed immediate attention - He was rushed to hospital leaving the car in ditch which caught fire due to short circuit - Appellant was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney holder is a competent person to file complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Process can be issued on the basis of contents of complaint, documents in support thereof and affidavit submitted in support of complaint - Magistrate has discretion and is not bound to call upon complainant to be examined to decide whether or not to issue process - Magistrate can rely upon affidavit..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - If Power of attorney holder, who is aware of facts of the case and has made such an averment in the affidavit, is certainly competent to lodge a private complaint, even if such an averment is absent in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Transfer of complaint - Cheque was presented at Bank located at place `R' and same was dishonoured for want of funds - Complaint filed before Court at place `R' - Therefore, no case is made out for transfer of complaint u/s 138 of the Act - Petitioner can always apply for grant of exemption for..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Interlocutory application - Final relief cannot be granted by State Commission on an interlocutory application filed in the matter...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Informant alleged that he had gone to the police station on 11.3.1997 to inform about the disappearance of his sister/deceased - However, I.O stated that informant had come to the police station only on the morning of 12.3.1997 for the first time and made a complaint upon which an entry was made in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Appellants were declared innocent after submission of final report - However, complainant did not take any steps as neither any complaint nor protest petition was filed by complainant - Impugned order of allowing application u/s 319 Cr.P.C does not refer to any new evidence, its nature, much..........
