Criminal Procedure Code, 1973, Section 319, 299, 482 -- Summoning as additional accused - Quashing of order - Petition for - Summoning order not based primarily on the statements of `P' and `H' recorded in court but mainly on the basis of police statements recorded during the course of investigation - Excluding the statements of `P' and `H' recorded in proceedings under..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7B -- Parallel remedy - Reference to Arbitrator - Fora constituted under the C.P. Act have jurisdiction to entertain and decide the disputes which are covered by Section 7B of the Indian Telegraph Act - In appropriate cases the Forum can very well decide the dispute if it does not involve elaborate..........
Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii) -- Mere possession of drugs without evidence to show that they were stocked for sale or distribution may not attract the relevant penal Section under Drugs and Cosmetics Act...........
Indian Penal Code, 1860, Section 366, 376 -- Abduction - Rape - Sentence - Prosecutrix 15 years of age - She remained with the accused appellant for 4-1/2 months at different places - Held that even if she had consented to sexual intercourse with the appellant the case would still be one of rape - Appellant aged 20 years at the time of occurrence and married having a..........
Civil Procedure Code, 1908, Section 151 -- Inherent jurisdiction - To prevent unnecessary harassment and to prevent miscarriage of justice - Court has ample powers under Section 151 to make such orders as may be necessary for the ends of justice - Power must be exercised with caution and due diligence with the object to prevent miscarriage of justice or to prevent the..........
Consumer Protection Act, 1986, Section 24A, Contract Act, 1872, Section 28 -- Limitation - Banking service - Bank guarantee - Complaint resisted on the ground of limitation in terms of the guarantee which provided that all rights stood forfeited under the guarantee as it was not invoked within the prescribed time - Objection cannot be sustained in view of amended Section..........
Consumer Protection Act, 1986, Section 3 -- Orissa Co-operative Societies Act, Section 68 - Jurisdictional bar - Under Section 68 of Orissa Co-operative Societies Act, there is no bar to entertain any dispute on the jurisdiction of Fora and the bar contained is applicable only to courts - Fora under the CP Act are not civil courts even though they have the trappings of a..........
Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - Ground that insurer was suffering from liver disease and had suppressed information of his ailment at the time of revival of policies - Evidence on record establishing the fact that the deceased indeed was ailing at the times requiring hospitalization - Case not covered by Section 45 of the Insurance Act -..........
Indian Penal Code, 1860, Section 149 -- In case of a sudden mutual fight between the two parties, there can be no question of invoking the aid of Section 149 for the purpose of imposing constructive criminal liability on an accused - Accused in such a case can be convicted only for the injuries caused by him by his individual acts...........
Criminal Procedure Code, 1973, Section 200, 156(3), 36 -- Investigation by police - Order by Magistrate - Section 156(3) of the Code empowers a Magistrate to direct such officer in charge of the police station to investigate any cognizable case over which such Magistrate has jurisdiction and not a superior police officer...........
