Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 342, 506, 3(1)(xii) - - Bail - Grant of - Shifting statement of victim from time to time to investigating officer - In statement recorded u/s 164 of CrPC, she has again changed her earlier version and deposed against accused applicant - Prosecution story is full of improbabilities..........
Criminal Procedure Code, 1973, Section 190 -- Second complaint - Maintainable even on the same facts when earlier complaint was decided on the basis of insufficient material or order was passed without understanding the nature of the complaint or complete facts could not be placed before the court or where the complainant came to know certain facts after disposal of the..........
Criminal Procedure Code, 1973, Section 173, 190 -- Second protest petition - Maintainable under special circumstances - In case the first Protest Petition was filed without furnishing the full facts/particulars necessary to decide the case and prior to its entertainable by the Court, a fresh Protest Petition is filed giving full details, the same is maintainable...........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), 2(1)(o) -- Education - Coaching institute - Deficiency in service - Fee refund- Held that the coaching institutions may not be conventional educational institutions but since they provide coaching and training to students of an educational nature to equip them for higher studies in specialized educational..........
Legal Services Authorities Act, 1987, Section 20, 21 -- Lok Adalat - Case referred to Lok Adalat for settlement and case settled - Court fee already paid either partly or wholly has to be refunded in full...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Recording of full satisfaction of decree - Effect of - Held, once an executing court receives a memo from judgment-debtor U.O.21.R.2 CPC, reporting full satisfaction, there does not exist any basis to proceed further and any step taken thereafter is voidable at instance of judgment-debtor...........
Family Courts Act, 1984 -- Evidence Act does not apply in full vigour to proceedings in Family Court...........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 23 -- Appeal - Condonation of delay - S.23 of the Act itself provides for extension of limitation - Provision must be given a full application to allow Chief Settlement Commissioner to entertain appeal if sufficient cause is shown - In the instant case appeal filed beyond period of 30 days and no..........
Criminal Procedure Code, 1973, Section 386, 401 -- Summary dismissal of an appeal or revision and a dismissal of it after a full hearing - Distinction - Held, when accused person in presence of State claims an acquittal or reduction of his sentence State ought then and there to apply for enhancement of sentence and its failure to do so cannot but be regarded as abandonment..........
Constitution of India, 1950, Article 215, 226 -- Contempt proceedings - Limited jurisdiction - Grievance of the writ petitioners is that order passed by Full Bench of this Court and upheld by Supreme Court has not been complied with by State Govt. with regard to implementation of recommendation contained in Govt. report in favour of petitioners - Held, petitioners failed..........
