Consumer Protection Act, 1986, Section 2(1)(g) -- Banking service - Loan recovery - This is a statutory right as also contractual right - This has precisely the Bank has exercised - Performing statutory duty would not constitute deficiency in service within the meaning of Section 2(1)(g) of the Act - Prohibitory order passed by the District Forum preventing the Bank from..........
Evidence Act, 1872, Section 90 -- Thirty years old document coming from a proper custody - Presumption as to its due execution arises under Section 90 Evidence Act...........
Consumer Protection Act, 1986, Section 2(1),(g), Post Office Act, 1898, Section 6,28 -- Postal Service - Registered letter - Delay in delivery - Held that in the absence of any specified mention of registered letters in Section 6, the exemption provided under this section cannot extend to a letter sent by the registered post under Section 28 of the 1898 Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 32A, 21 -- Conviction - Appeal against - Bail - Court has power to grant bail - However, the same should be done only and strictly subject to the conditions spelt out in section 37 of the Act...........
Limitation Act, 1963, Section 15(2) -- Municipal Corporation Act, 1976, Section 396 - Limitation - Computation of - Notice period - Exclusion of - In Municipal Corporation Act, two months notice is required to be issued before a person could file a suit - Notice period has to be excluded while computing the limitation period...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Presumption as to Abetment - Unlike Section 113-B a statutory presumption does not arise by operation of law merely on proof of the circumstances enumerated in Section 113-A - Prosecution has first to establish suicide within a period of seven years of marriage and that accused had subjected her to..........
Criminal Procedure Code, 1973, Section 193, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Protection of Civil Rights Act, 1955, Section 7(1)(d) - Jurisdiction of Special Court - Power of special court to take direct cognizance of offence under 1989 Act - Court of sessions designated as special court - Special Judge has no power to..........
Protection of Civil Rights Act, 1955, Section 7(1)(d) -- To attract section 7 (1) (d) it had to be shown that words uttered had the effect of insulting person on ground of untouchability - Accused stating - 'There is an MLA Kuttappan, that Harijan MLA, he climbed over the table and was dancing. Is this democratic manners of Antony' - No insult on ground of untouchability -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 57 -- Charas - Recovery of - Case property deposited in Malkhana without first taking the same to Incharge of Police Station - This is violation of provision of S.55 - Provision of Section 55 though directory but taking into consideration other infirmities, accused acquitted...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Court should use power u/s 319 Cr.P.C. sparingly and primarily to advance the cause of criminal justice but not as a handle at the hands of the complainant to cause harassment to the person who is not involved in the commission of the crime - The basic requirement for invoking this Section is..........
