Consumer Protection Act, 1986, Section 13(3B), 17(1)(b) -- Interim order - Revisional jurisdiction - interference by State Commission - Plea that appeal filed against interim order not maintainable repelled in view of provisions of Section 17(1)(b) - Held that ordinarily interim order should not be interfered with - But when it is apparent on the face of the facts, as in..........
Negotiable Instruments Act, 1881, Section 139 -- Presumption - Available only when three conditions are satisfied viz. (1) that the person in whose favour the presumption is drawn is the holder of the cheque; (2) that the cheque is of the nature stated in section 138 of the Act; (3) that such cheques is 'received' by the holder...........
Negotiable Instruments Act, 1881, Section 139 -- Presumption - Burden to prove - If the holder of cheque has to avail of the benefit of the presumption under section 139 of the Act, the burden is on him to establish all the pre-requisites for drawing such presumption...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50(4) -- Contraband - Recovery on secret information on search of a house - Information not reduced in writing - Nor conveyed to Senior Officers - Sending of the information is mandatory - Violation of Section 42 of NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4) -- Personal search - Recovery of contraband on secret information on search of a house - Personal search of a lady conducted by a male Police Officer - Violation of Section 50(4) of NDPS Act...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Electricity Act, 1910, Section 26(6) - Electricity bill - Meter fault - Demand raised by respondent-OP quashed as the matter was not referred to the Electrical Inspector under Section 26(6) of the Act of 1910 - Grievance of the appellant-complainant that no compensation allowed by the District Forum - Held that..........
Specific Relief Act, 1963, Section 31 -- Fraudulent misrepresentation as regards character of a document is void and for setting aside the document by recourse to Section 31 of Specific Relief Act is unnecessary - However fraudulent misrepresentation as regards contents of a document is voidable...........
Hindu Minority and Guardianship Act, 1956, Section 11, 8 -- Alienation of minors property either by mother or by a defacto guardian in contravention of Section 11 is void...........
Indian Penal Code, 1860, Section 304 Part I, Evidence Act, 1872, Section 24 -- Murder - Murder of wife - Extra judicial confession - Accused assaulted her wife with a brick on back portion of her head and stomach - Prosecution case that appellant made an extra judicial confession before PWs that he caused death of deceased by assaulting her - Conviction under Section 304..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Divorced Muslim Woman - The fact that the claimant divorced wife is able to maintain herself and is not unable to maintain herself can have no bearing on her right under Section 3(1)(a) to claim maintenance though it may have relevance while ascertaining quantum...........
