Criminal Procedure Code, 1973, Section 202, 203, 204 -- Scope of enquiry under Section 202 - Held, scope is extremely restricted only to finding out the truth or otherwise of the allegations made in the complaint in order to determine whether process should be issued or not under Section 204 of the Code or whether the complaint should be dismissed by resorting to Section..........
Criminal Procedure Code, 1973, Section 482, 320 -- Compounding of offence - Offence u/ss 147 , 323, 325, 356, 379, 452 read with Section 149 IPC - Petitioner entered into compromise with the victim and an application for compounding of offences made - Magistrate allowed compounding of offences u/ss 147, 323, 325, 356, 379 IPC, these offences being compoundable - No..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Telegraph Act, 1885, Section 9 - Telegraph Rules, Rules 160(2), 162 - Telegram - Non reaching the destination - Limitation - Complaint filed after 30 days from the date of booking which is beyond the period as prescribed by the rules made under the Indian Telegraph Act - Impugned order passed by the District Forum..........
Consumer Protection Act, 1986, Section 3, 11 -- Telegraph Act, 1885, Section 7B(2) - Telephone bill - Arbitration award - Consumer Fora has no power to entertain the appeal against award rendered u/S.7B(2) of the 1885 Act - If the complainant is aggrieved by the award passed by the Arbitrator he is to challenge the same in appropriate proceedings - Judgment and order..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Scope - After the commencement of the Amended Act, a daughter has also got equal right as that of a son in the coparcenary property subject to an exception added in the proviso that the provision of sub Section (1) of Section 6 of the Act would not affect or invalidate any disposition or alienation including the..........
Criminal Procedure Code, 1973, Section 31, 362 -- Accused convicted in the same trial for different offences under IPC - No order that sentence shall run concurrently - Appeal against dismissed - Revision also dismissed by High Court - Prayer not made in appellate Court and in Revision for making sentence awarded to run concurrently - Petition u/s 482 r/w S.31 Cr.P.C. with..........
Protection of Women from Domestic Violence Act, 2005, Section 2(f), 2(s), 20(3) -- Man and woman not married but having live in relationship - Held, mere live in relationship will not entitle women to benefits of Act - She has to show that relationship was in the nature of marriage - `Relationship in the nature of marriage' must fulfill the following ingredients : (a) The..........
Industrial Disputes Act, 1947, Section 2(oo), 11A -- Punishment - Removal from service - Quantum of punishment - It is purely within the realm of Disciplinary Authority - Only when the punishment is disproportionate to the gravity of the charge that no prudent person placed in the position of Disciplinary Authority would have imposed such a punishment, the High Court can..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), 12, Telecom Regulatory Authority of India Act, 1997, Section 14 -- Complaint maintainability - Cable services - Dispute between two 'service providers' - Held to be not a 'consumer dispute' since it is not between 'service provider' of a 'consumer' - Respondent No. 1 does not fall within the ambit of definition of a..........
Civil Procedure Code, 1908, Section 100A, 104, 114, Order 47, Rule 1 -- Application for review u/s 114 r/w O.47.R.1 CPC seeking review of order passed in LP - Held, even an order which is appealed against Order 43 Rule 1 read with Section 104 CPC cannot be assailed in LP in view of prohibition contained under Section 100-A of CPC which in its ambit and sweep covers an..........
