Criminal Procedure Code, 1973, Section 195, 482 -- Penal Code, 1860, Sections 182, 420, 511 - Quashing of complaint - Both the alleged offences i.e. u/S.420 r/w Section 511 IPC and 182 IPC form integral part so as to amount to offences committed as a part of the same transaction - Summoning order issued by Magistrate on private complaint - Held that Section 195 Cr.P.C..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Special Marriage Act, 1954, Section 27, 13, 15, Limitation Act, 1963, Section 5 -- Exparte divorce decree - Setting aside - Remarriage - Does not render application U.O.9.R.13 CPC and application under section 5 Limitation Act infructuous...........
Indian Penal Code, 1860, Section 302, 304I, 49 -- Proper section - Injuries on person of accused not explained by prosecution - Death caused without intention and premeditation - Assembly acting in self defence not unlawful - No common object in mutual fight - Conviction of one accused sustained only u/s 304-I and sentence of 10 years RI imposed with fine of Rs.1000/-..........
Indian Penal Code, 1860, Section 149, 302, 304 Part I, 323, 325 -- Murder - Blow with 'aruval' - Origin and genesis of occurrence withheld by prosecution - Doubt as to institution of FIR - Informant did not say that he had ever gone to police station - Accused arrested from hospital - Prosecution could not explain as to why accused had gone to hospital - Evidence..........
Prevention of Terrorism Act, 2002, Section 3(3), 22(2), 49, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 3(3) and 22(2) of Prevention of Terrorism Act - Expiry of period of one year of detention - Accused can be released on bail under ordinary law without applying rigour of Section 49(7) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(c)(i), (iv) -- Complaint - Maintainability - Charging of the excess excise duty which is fixed under the law - Held covered by Section 2(1)(c)(iv) of the CP Act, 1986 - On this ground the complaint is maintainable...........
Consumer Protection Act, 1986, Section 2(1)(r), 14(1)(f) -- Unfair trade practice - Excise - Refund - Cost - Where the excise duty payable under the Excise Act, if not paid by the manufacturer or the dealer, are they entitled to recover it from the customer/consumer? - Question answered in negative -Excise duty is fixed under the law and not by the agreement of the parties..........
Consumer Protection Act, 1986, Section 13(1)(a) -- Ex parte order - In contravention of the mandatory provisions contained in Section 13(1 Ha) of the Act - Order of the District Forum cannot be sustained...........
Constitution of India, 1950, Article 142 -- Hindu Marriage Act, 1955, Section 13B(2) - Divorce - Mutual consent - Appellate Jurisdiction - Court not competent to waive off the minimum period of six months prescribed in sub-section (2) of Section 13B of the Act - Supreme Court enjoy this power under Article 142 of Constitution - The powers akin to Article 142 of the..........
Hindu Marriage Act, 1955, Section 13B(2) -- Doctrine of "relation back" - Applicability of - Divorce - Mutual consent - Whether amendment of petition u/S.10 of the HM Act into a petition under Section 13B of the Act will be relate back to the date of filing of the unmended petition - Held, no - The doctrine of relation back cannot be pressed into service to defeat a..........
