Consumer Protection Act, 1986, Section 2(1),(g) -- Housing - Non construction fee - Site - Purchased in open auction - Dispute with regard to demand of non-construction fee - Held that complaint under the Act was maintainable challenging the correctness of Memo claiming amount of Rs. 67,230/- as non construction fee...........
Criminal Procedure Code, 1973, Section 438, 439, Indian Penal Code, 1860, Section 498A, 304B, 34 -- Dowry death - Father-in-law and mother-in-law - No immediate demand of dowry - Petitioners not implicated with respect to the dowry demand - Petitioners having roots in the society and they owning immovable property - Hardly any apprehension of the petitioners fleeing from..........
Consumer Protection Act,1986, Section 14 -- Jurisdiction - Housing - Non construction fee - Quashing of - The Consumer Fora has no jurisdiction to quash demand pertaining to non construction fee...........
Indian Penal Code, 1860, Section 304B, 201, 498A -- Dowry death - Death in suspicious circumstances - Information of death of deceased not given to parents - Dead body was cremated hurriedly - Appellant took a false plea that deceased died of abdominal disease - False explanation given by appellant provided a missing link and completes the chain of circumstances to hold..........
Criminal Procedure Code, 1973, Section 215, Indian Penal Code, 1860, Section 304B, 498A, 211 -- Dowry death - Demand of ornaments or torture for the refusal - No mention in charge - However, the same mentioned in FIR and in evidence of PW's - Held, no prejudice appears to have been caused to the accused on account of the omission of stating about the demand of ornaments..........
State Financial Corporations Act, 1951, Section 32G, 31 -- Recovery of loan - Plea of limitation - Said plea could not be available as the demand was raised after issuance of continuous notices and selling of mortgaged property...........
Banking service -- Deficiency in service - Letter of Credit - Non honouring of - Held that in dynamic situation the interpretation to a commercial document has to be consistent and workability of the L.C. - More importantly, intention of the parties has to be given weight - Purpose of L.C. is to enable the Bank to make the payment to the supplier on receipt of goods -..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Recovery of money from table of accused beneath office files - Defence version that no demand was made and currency notes had been surreptitiously put on the table while the appellant was otherwise engaged in some activity - Defence version plausible - Accused acquitted...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Essential ingredients for applicability of the provision of S.304-B IPC are : (i) The death of a woman should be caused by burns or bodily injury or otherwise than under a normal circumstance; (ii) Such a death should have occurred within seven years of her marriage; (iii) She must have been subjected to cruelty or..........
Evidence Act, 1872, Section 113B -- Presumption - To be raised only on proof of the following essentials viz. (1) The question before the Court must be whether the accused has committed the dowry death of a woman. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304B IPC); (2) The woman was subjected to cruelty..........
