Monopolies and Restrictive Trade Practices Act, 1969, Section 12A, 36A - - Temporary mandatory injunction - Application filed by the appellant seeking stay of demand of extra charges and to restrain the respondent from cancelling the allotment of apartments for no, payment of the extra amount demanded rejected by the Commission - No offer made before the Commission nor in..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of a rape victim cannot be disbelieved merely for the ground that she did not raise hue and cry or did not offer any resistance - Each person reacts in a particular manner when faced with an adverse and hostile situation...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Offer of search must be complete but essentially need not be in writing...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Offer of search given to accused as to whether he intended to get himself searched from the investigating officer or through a gazetted officer - Accused never informed that he had the right to get himself searched before a Magistrate - Offer made is not as per provision of S.50 of the Act...........
Interest -- Plot allotment - Payment of instalment - Delay in delivery of possession - Claim by appellant of interest on delayed payment of instalments - Held that appellants were to deliver possession within a reasonable time -As they were not in a position to deliver possession they cannot expect allottees to keep paying instalments to them - Where appellants are not in..........
Industrial Disputes Act, 1947, Section 2(s), 25F, Apprenticeship Act, 1961, Section 2(aa),4(2),18 -- Workman - Apprentice Development Officer - Whether workman - Offer of appointment read with the scheme proved that the appellant was appointed as an apprentice and not to do any skilled, unskilled, manual, technical or operational job - Onus was on the appellant to prove..........
Criminal trial -- Accused sold gold chain after few hours of occurrence - Gold chain recovered only after 4 days at the instance of accused, who had no explanation to offer as to how he came in possession of the gold chain belonging to the deceased - Presumption arises that accused was the culprit who removed the gold chain from the person of the deceased...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Offer of search must be complete but need not be in writing...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix below 16 years of age - Made to enter house on pretext that she was called by her friend, the sister of appellant No.2 - Both appellants raped her by turn, one holding and silencing her - Prosecutrix cannot be held to be consenting party in view of being aged 15 years and ability to offer resistance in presence of..........
Consumer Protection Act, 1986, Section 2(1),(d), Insurance Act, 1938, Section 64VB -- Consumer - Insurance claim - Repudiation - Ground of non concluding of contract of policy - Offer of proposal of insurance for back dating to the age of 1941 and for accepting the same by LIC - Deceased was under an obligation to make the full payment of the premium which he did not do..........
