Consumer Protection Act, 1986, Section 2(1)(o) -- Service - Sovereign function - Statutory function - Obligatory functions - Held that sovereign functions of any Government or public or statutory authority or civic body are quite distinct from statutory functions - Statutory functions are also distinct from obligatory functions particularly the benefits of which are made..........
Consumer Protection Act, 1986, Section 2(1)(g) , 12 , 14(1)(d) -- Civic body - Obligatory functions - Deficiency in service - Where whole locality or localities and thousands of people being 'potential' users are affected by the non - performance of the obligatory functions by the public or statutory authority or civic body causing immense sufferings, financial loss,..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Duty of Public Prosecutor - Held, withdrawal is an executive function to be performed by Public Prosecutor after exercising duty cast upon him in accordance with settled principles and honestly, properly and in good faith and bearing in mind interest of public justice - He is not to reckon himself..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Objection - Locus standi - Held, any member of the public has right to oppose request for withdrawal from prosecution on ground that public interest was better served by continuing the trial rather than terminating prosecution without a trial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35 -- Contraband - Conscious possession - Recovery of 17 bags of poppy husk from vehicle - Accused found travelling in a tuck which was driven by one of them - Truck not a public vehicle - Accused belonged to different villages - Plea of false implication in statement u/s 313 Cr.P.C. - No other defence set..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Recovery from vehicle at public place - It is S.43 and not S.42 which is applicable...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, 7 -- Eviction - Petition for quashing of proceedings - Public premises - Issuance of notice by Bank for recovering premises and damages - Bank also established its need for the premises - Therefore, bank has legitimate power to seek recovery of premises on basis of provisions of Act - Eviction..........
Contract Act, 1872, Section 23 -- Family settlement - Fraud - Settlement was not contrary to any statutory provision or was not opposed to public policy - Court is not required to go into the question as to whether contents of settlement are correct or not - Only in a case where fraud on the party or fraud on the Court has been alleged or established, Court shall treat the..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Scope and object - Provision of O.1.R.8 CPC applies to a case in which there are numerous parties having common interest - Suit can proceed after obtaining necessary permission or direction of the Court under sub-rule (2) and all interested persons are either served by personal notice or by public advertisement as may be..........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of two minor girls - Death sentence - For deciding just and appropriate sentence to be awarded for an offence the aggravating and mitigating factors and circumstances in which a crime has been committed are to be balanced - If murder has been done in a very brutal manner without any provocation most deterrent..........
