Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer complaint - Medical negligence - Death of patient after surgery - Medical Council of India in its report mentioned that respondents No.1 was medically negligent in treating the patient - This is a case of medical negligence leading to deficiency in services - Respondents 1 & 2, directed to pay to complainants Rs.25..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Date, month or year of advancing loan not pleaded - In cross examination complainant stated that amount was given in 2002 but complaint was filed in the year 2012 as such there was difference of ten years - No written document with regard to lending money - Amount admitted to be given in the..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Issuance of cheque of Rs.6.70 lakhs towards partial liability - Plea that it is not mentioned as to what was the liability - However there is specific mention in the complaint as to the issuance of cheque of Rs.6.70 lakhs - Order to pay interim compensation of 20% of the..........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Accused declared proclaimed offender during proceedings u/s 138 NI Act - Parties compromised and complaint u/s 138 NI Act withdrawn - Continuation of proceedings u/s 174-A IPC is nothing but an abuse of process of law - FIR and all subsequent proceedings arising therefrom quashed...........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation u/s 156(3) Cr.P.C. - It should be demonstrated in complaint that complainant made efforts to register a complaint before jurisdictional police and that having not entertained the only way to proceed in the matter is by registration of a complaint and secondly it shall be accompanied by an affidavit - Both the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not impleaded as a party - Amendment of complaint - When there is no averment at all in respect of a Company, amendments as sought would be a complete overhauling of the first complaint and a clear attempt to overcome the foundational infirmity of the absence of any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendments of simple technical infirmities alone can be allowed but not the filing of a fresh complaint with improved pleadings, in the garb of amendment...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Neither there is any record to establish that demand was made by accused nor money was accepted by accused - No material on record to substantiate allegations made in complaint to bring case of prosecution within ambit of S.7(a), (b), (c) of the Act - Accused rightly acquitted...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C treated as complaint case - Property dispute between parties - Parties are litigating the same before competent Courts - Considering all facts and circumstances of case order to treat application u/s 156(3) Cr.P.C as a complaint case seems to be just and reasonable...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Application u/s 156(3) Cr.P.C treated as complaint case - Even if application is registered as complaint case even then under process of inquiry Magistrate has ample power to direct for investigation to be made by police officer or such officer as he thinks fit...........
