Criminal Procedure Code, 1973, Section 199(1), Penal Code, 1860, Section 500 -- Defamation - Complaint - Power of Attorney - Complainant, against whom malicious and defamatory imputations and insinuations published, a person employed in Dubai - Complaint filed by him through his power of attorney held not offending Section 199(1) Cr.P.C. and is competent...........
Criminal Procedure Code, 1973, Section 133(I)(ii),138 -- Modification/alteration of order - It is permissible to read into Sections 133(1) (ii) and 138 a power to modify/alter an earlier final order passed under Section 138 if the necessary circumstances are established satisfactorily...........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(o) -- Consumer - Services - Housing construction - Availing of service of another for constructing a building is `service' within the meaning of Section 2(1) (o) of the Act - Such person would be a consumer u/s 2(1) (d) (ii) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Conviction contemplated under the Section do not violate Art.20 of the Constitution of India as far as pre-amendment accusations are concerned...........
Criminal Procedure Code, 1973, Section 109 -- Concealment of one's presence when he has reason to believe that he is doing so with a view to commit a cognizable offence would attract proceedings under the Section - Entrustment of property and disposal of the same in violation of any direction of law is sufficient to complete the offence...........
Consumer Protection Act, 1986, Section 14(1),(d), Railway Act, 1989, Section 100 -- Railways - Loss of personal luggage - Compensation - Unauthorised passengers permitted in the cabin in which ladies were travelling - Occurrence was on account of the negligence of the railways administration - Bar of Section 100 of the Railways Act cannot be invoked...........
Consumer Protection Act, 1986, Section 2(1),(e), Hindu Minority and Guardianship Act, 1956, Section 8 -- Fixed Deposit - Non-release of maturity value - Ground that father of complainant (minor daughters) had availed of a loan of Rs.2 lacs from the company and the said fixed deposits were debited against his debt - Facts showing that the transaction is not consistent with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence under section 138 N.I. Act is made out only if cheque is dishonoured for want of funds in the account and not for the reason that signatures differed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- No strict compliance of S.57 - No evidence that accused was prejudiced by the failure to comply with the Section - Not a ground for acquittal - S.57 is only directory...........
Consumer Protection Act, 1986, Section 13,14, Railways Act, 1989, Section 128 -- Maintainability of the complaint - Opposite Parties contending that the complaint is not maintainable as the complainants availed relief from the Railway Claims Tribunal - Held that in view of Section 128 of the Railways Act a second complaint for compensation is not maintainable...........