Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 15, Criminal Procedure Code, 1973, Section 432(1), Constitution of India, 1950, Article 161 -- Conviction u/s 15 of NDPS Act and accused sentenced to 10 years RI - Accused sought pre-mature release that he had undergone 12 years including remissions granted under Article 161 of Constitution - Governor of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), 22, 50 -- Ganja and Heroine - Recovery of two small packets of brown sugar from pocket of Kurta and Ganja recovered from a plastic bag carried by accused in his hand - Evidence of investigating officer coherent with regard to compliance of provision of section 50 - Independent witnesses failed to support..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Maharashtra State Ownership Flats Act, 1963, Section 8 - Flat allotment - Refund - Interest - Claim by petitioner interest @ 24% payable by respondent on the deposit not evidenced by any document - Taking notice of Section 8 of the Maharashtra Act, 1963 District Forum rightly made respondents answerable to pay..........
Civil Procedure Code, 1908, Section 11 -- Essential ingredients for the applicability of S.11 CPC are : (i) The matter must be directly and substantially in issue in the former suit and in the later suit; (ii) The prior suit should be between the same parties or persons claiming under them; (iii) Parties should have litigated under the same title in the earlier suit; (iv)..........
Consumer Protection Act, 1986, Section 12, 2(d)(ii) -- Chandigarh administration allotted land to co-operative societies for constructing flats to be allotted to the members - No direct contact between Chandigarh administration and members of the societies - Whether members are covered by the definition of `consumer' under Section 2(d)(ii) of the Act - Held, yes - Members..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- - New building - Previous construction (hall) - In dilapidated condition and not used for any purpose - New construction raised after getting the site plan sanctioned - Two walls kept intact and rest of the construction raised was new - Floor level was raised - Chajja on the first floor demolished -..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Motor Vehicles Act, 1988, Section 3(1) - Insurance claim - Repudiation - Driving licence not valid - Vehicle in question continued to be registered as a transport vehicle i.e., a Taxi for which a specific authorized license was statutory necessity - Occasionally using it for personal purpose cannot change these..........
Criminal Procedure Code, 1973, Section 209 -- Commitment of case - Magistrate enquiring into a case under Section 209 of the Code is not to act as a mere Post Office - Court has to see whether there is sufficient evidence for commitment - If there is no prima facie evidence or the evidence is totally unworthy of credit, it is the duty of the Magistrate to discharge the..........
Right to Information Act, 2005, Section 7, 9 -- Time limit for information - Petitioner sought information from Haryana Education Department in connection with certain matter u/s 7 of the Act - Information sought not provided by State Public Information Officer - Appellate Authority also failed to provide any such information in appeal under Section 19 of the Act - No time..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Contract Act, 1872, Section 65 - Housing - Damages - Refund of amount - Interest - Non development and non construction of plot - Parties were aware of the fact that plot in question cannot be developed in view of the reservation - In spite of that, parties entered into an agreement - Both the parties were aware of the..........
