Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Indian Penal Code, 1860, Section 336, 452, 427, 323, 506 -- Bail - Offence u/s 336, 452, 500 IPC and SCST Act - Section of SCST Act under which offence committed not mentioned - Dispute is primarily of business dealings - State does not require..........
Indian Penal Code, 1860, Section 300, 304 -- Murder or culpable homicide - Prior to incident there was verbal quarrel between accused and deceased and thereafter they dispersed - Subsequently accused came, waylaid deceased and attacked him with Aruval - Held, act of accused moving from the place where verbal quarrel took place and coming with an Aruval and causing death of..........
Protection of Civil Rights Act, 1955, Section 5 -- Untouchability - Doctor in hospital allegedly not allowing complainant in hospital - Hospital in question, however, was hospital for animal - Held, no offence under Section 5 of the Act made out - Proceedings quashed...........
Indian Penal Code, 1860, Section 304B, 306 -- Dowry death - Death after three and half years of demand - Since the alleged demand being met is too remote and stale, does not meet the ingredients of Section 304-B of IPC as the same is not 'soon before her death' and so cannot be taken into consideration...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8(1) -- If any big land-owner effected transfer of land in excess of the permissible area after the appointed day, in contravention of the provisions of sub-section (1) of section 8 i.e., if the transfer was not bona fide, then the transferred land was to be considered to be the land of the big landowner and surplus area..........
Arbitration and Conciliation Act, 1996, Section 11)6) -- Arbitrator - Appointment - While deciding application for appointment of arbitrator Court is essentially concerned with the question whether a valid arbitration agreement with reference to live claim exists between the parties and whether, conditions for the exercise of power under Section 11(6) are fulfilled...........
Indian Penal Code, 1860, Section 300, 304Part II, 34 -- Murder or culpable homicide - Allegations that accused and her husband committed murder of their two years old child by wrongfully confining her in bathroom for 14 days without food as she would bring ill luck to them - Medical evidence showing cause of death due to starvation - Death of child in bathroom established..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial purpose - Complaint maintainability - The complaint noted defects in the modules as also shortcomings in OP's services during the warranty period in the year 2000 - The grievance of the complainant that the services during the warranty period not provided and defects not rectified - Complaint was..........
Consumer Protection Act, 1986, Section 2(1)(d)(i) -- Consumer - Commercial purpose - Complaint maintainability - Contract for developing software system and to provide various modules for performance and to provide one year warranty - Defect in the modules during the warranty period and when called upon to remove the defect the same was not removed - The software in..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Commercial purpose - Complaint maintainability - The complaint noted defects in the modules as also shortcomings in OP's services during the warranty period in the year 2000 - The grievance of the complainant that the services during the warranty period not provided and defects not rectified - Complaint was..........
