Consumer Protection Act, 1986, Section 21(b) -- Revisional Jurisdiction - Concurrent of findings of fact - Insurance claim - Repudiation - Finding of fact by the Fora below that the complainant was unable to establish that the tractor in question was stolen, while on its journey on 23.05.2000 during the currency of Insurance Policy from 16.05.2000 to 15.05.2001 and not on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Criminal Procedure Code, 1973, Section 315 -- Recovery of charas - Conscious possession - Charas recovered from car driven by accused - Co-accused took lift in the car - Both the accused were knowing each other - Held, once recovery is effected, it has to be presumed that the accused was in conscious..........
Criminal Procedure Code, 1973, Section 313, Evidence Act, 1872, Section 3 -- Statement of the accused under Section 313 Cr.P.C. - - It cannot be treated as evidence within meaning of S.3 of Evidence Act - It can be used to appreciate the truthfulness or otherwise of the case of the prosecution...........
Criminal Procedure Code, 1973, Section 195 -- Mandatory in nature - Is an exception to Section 190 CrPC which says that any person can set the law in motion by making a complaint - To make Section 195 applicable, there has to be a complaint by public servant whose lawful order has not been complied with - In the absence of such a complaint, trial and conviction will be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complainant resiled before commencement of trial - High Court quashed FIR - Held, High Court was not justified in quashing the FIR - Ordinarily, the Court of Sessions is empowered to discharge an accused under Section 227 of CrPC even before initiating trial - The accused can therefore move the trial court..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Motor Vehicles Act, 1988, Section 15(1) - Insurance claim - Repudiation - Driving licence - At the time of accident the driver did not have a valid driving licence - His licence had expired on 13.02.1995 and was renewed only on 18.09.1995 and the accident had taken place on 02.07.1995 - Insurance company not..........
Criminal Procedure Code, 1973, Section 173 -- Investigation - Murder case - Charge sheet submitted after investigation - High Court found charge sheet as one sided and biased - Ordered fresh investigation by independent agency - Order of High Court upheld - Held : (a) Fair investigation like fair trial is a constitutional right guaranteed under Articles 20 and 21 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 43 -- Allegations of possession of chars in bags by three accused - Accused contended that police officer who made seizure, had throughout mentioned that there was chars with accused persons who were traveling in train - Thus he was already aware about contraband possessed by the accused - Procedure under..........
Consumer Protection Act, 1986, Section 24A, 2(1)(g), 14(1)(d) -- Limitation - Insurance claim - Plea that in terms of clause 12 of the Insurance Policy the complaint not filed within 12 calendar months from the date of repudiation i.e. by letter dated 16.6.1989 hence barred by limitation repelled - Held that the limitation of 12 calendar months for filing the claim after..........
Motor Vehicles act, 1988, Section 149(2), 166 -- Accident - Compensation - Liability of insurance company - Liability cast on the insurer on the ground that the driver of the bus was found to be responsible for accident - Insurance company raised challenge against the liability, contending that driver of the bus was not holding valid driving licence at the time of accident..........
