Criminal Procedure Code, 1973, Section 482 -- Delhi Special Police Establishment Act, 1946, Section 6 - Investigation by C.B.I. - Criminal offence - Allegation of molestation by petitioner a maid servant against an high ranking Police Officer in whose house she was working - State Government ordered inquiry by an officer of coordinating rank - Contention of the State that..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Sub Inspector alleged to have beaten a prisoner to death for extracting a confession - Charge u/s 302 IPC - Contention was worthy to be considered that offence could be covered by S.304 Part I IPC in view of Exception 3 of Section 300 IPC - Applicant deserved to be released on bail of Rs.25,000/- with two solvent..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Cause of action arose during 1989 and April, 1992 - Complaint filed in January, 2001 without filing application seeking condonation of delay in terms of Sub-section (2) of Section 24-A - Complaint dismissed in limine being hopelessly barred by limitation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque drawn by one of the accused - Notice to drawer alone and not the other accused - Process issued against both accused - Order issuing process against person who had not drawn the cheque and to whom notice under Section 138 not given quashed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Cheque if issued to cheat - Prosecution u/s 138 NI Act and also under S.420 IPC can be launched - Section 138 NI Act is not introduced in lieu of S.420 IPC...........
Consumer Protection Act, 1986, Section 2(1),(g), Arbitration and Conciliation Act, 1996, Section 35,36,42 -- Insurance claim - Dispute between the parties referred for settlement by way of an Arbitrator - The award passed by umpire and the complainant agreeing to amicably settle the matter by making payment on fulfillment of two conditions by the complainant - Complainant..........
Indian Penal Code, 1860, Section 302 -- Sudden fight between deceased and accused while they were taking drinks - Accused picked up a knife from kitchen and stabbed deceased - Case is covered by Exceptions 2 and 4 of Section 300 IPC - Conviction u/s 302 is liable to be converted to one under S.304 Part-I IPC - Sentence of 10 years imprisonment and fine awarded...........
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d), Indian Penal Code, 1860, Section 161 -- Corruption - Demand of Rs.200/- to process application for refund of earnest money and security deposit - Rs.150/- recovered from appellant - Defence explanation that amount was received by him not as bribe but to give to another contractor who had completed work of removing..........
Consumer Protection Act, 1986, Section 2(1),(o) -- Services - No consideration was paid by the petitioner or his deceased wife for the treatment rendered to the petitioner's deceased wife in the military hospital - Doctors attending on her did not charge any fee - Would not mean service within the meaning of clause (o) of Section 2 of the Act...........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(o) -- Consumer - Service - Booking of a plot/house - Allotment subsequently cancelled on account of default in payment of the amount as per terms of allotemnt - Complainants are consumers within the meaning of Section 2(1) (d) of the Act and OPs are providing service for consideration within the meaning of Section 2(1)..........
