Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - State Commission awarded compensation on finding of negligence as well as deficiency in service provided by respondent Nos.1 to 3 - National Commission categorically held that there was deficiency in rendering service - National Commission ought not to have reduced the compensation - Impugned judgment..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r) -- Insurance claim - Repudiation - Unfair trade practice - Contract entered into between parties for insuring shop situated in basement - Said fact was accepted by respondents being not challenged - However, exclusion clause of contract specified that it does not cover basement - Once respondent knowingly entered into..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Sexual assault - Statement of 13 years old victim boy that accused has committed an act being `Gandi Harkat' would be prima facie sufficient ground to summon accused for offence u/ss 7, 8 of POCSO Act, as even touch to a private part of a child with sexual intent may fall under `sexual assault' u/s 7 of..........
Consumer Protection Act, 1986, Section 12 -- Hypothecated vehicle - Detained/seized and thereafter sold which was found to be illegal - Loss suffered due to not plying vehicle - Nothing on record as to the loss suffered because of not plying the vehicle hypothecated and sold - Order of awarding compensation/damages at Rs.300/- per day modified to Rs.5,000/- per month as..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Quashing of FIR - Offence u/s 376AB IPC, Ss.4, 6 POCSO Act, Ss.3(1)(w), 3(2)(v) SC & ST Act - Liability - The..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act filed by minor not represented by natural guardian or next friend - She became major on the date of final order - Petition was an irregular one which was regularized on the date of final order...........
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence committed both under POCSO Act and SC/ST Act - Provisions of POCSO Act will prevail over SC/ST Act in the case of bail - Accused to take recourse to the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354A(1)(i), (ii), (iv), 354A(2), 354A(3), Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 11 -- Anticipatory bail - Offence u/ss 354-A(1)(i), (ii), (iv), 354-A(2), 354-A(3) IPC and Ss.7, 8, 9, 11 of POCSO Act - Victim girl is traumatized to such a high degree that her..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Interim bail - Murder case - Accused was 16 years and four months when he was taken in detention - He is 21 years old now - Though, accused is now in correction/observation home but yet his continued detention until completion of trial may carry its own adverse effects - Interim bail..........
Indian Penal Code, 1860, Section 363, 354(A)(i), 511, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Kidnapping - Sexual assault - Identification of accused - Accused not identified by victim, her mother and her father - No substantive evidence regarding identification of accused in Court - No TIP was conducted in the case - Evidence of other witnesses..........
