Indian Penal Code, 1860, Section 468, 471 -- Criminal and civil proceedings - Complainant alleging mortgage deed in his father's favour - Redemption deed allegedly forged by accused - Complainant filed FIR under Section 468 and 471 IPC - Complainant also filed civil suit seeking declaration of title but failed - In view of findings of civil court, accused acquitted of..........
Customs Act, 1962, Section 102, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Fake currency notes - Recovery when accused entered India from Pakistan - S.102 of Customs Act is in pari materia with Section 50 of NDPS Act - Contention that personal search could be carried before Magistrate or Gazetted Officer not tenable as no personal search of accused..........
Criminal Procedure Code, 1973, Section 439 -- Cancellation of bail - Accused convicted by trial court under Section 420 IPC - Accused filed appeal and granted bail - Accused did not appear on one date and bail cancelled - High Court granted interim bail - Petitioner directed to surrender before the lower appellate court on the next day - Lower appellate directed to grant..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Sword injury on neck of deceased sufficient to cause death - Repeated blows given and accused also committed house trespass - Held, these facts are sufficient to negative the contention of that the act of accused does not travel beyond the four corners of the offence punishable under Section 304 Part I of the..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Sword injury on neck of deceased - Accused B entered the house of the deceased and grabbed deceased from collar - Thereafter accused A appeared at the spot, carrying sword with him and instantly gave repeated sword blows on the neck of deceased - No evidence that accused B was having any knowledge that his..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Cause of action to the complainant arose on 6.10.2003 - Complaint filed after more than two years and two months held not maintainable in view of the provisions of Section 24A of the Act - No application for condonation of delay filed before the District Forum - The District Forum committed error in entertaining..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Industrial plot - Plea by OP that complainant cannot be considered to be a consumer since he had availed the services for commercial purpose - Held that it is not a case of purchase of goods inasmuch as allotment of plot being an immovable property does not fall within the definition of 'goods' in Section 2(1)(i)..........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Industrial plot - Plea by OP that complainant had availed the services of the OP for commercial purposes - The availing of services for commercial purpose was included in Section 2(d) (ii) of CP Act only w.e.f. 15.3.2003 and prior to that services availed for commercial purpose had not been included - The allotment..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM(G)(3) -- Insurance claim - Repudiation - Surveyor - Appointment of successive surveyors - Insurance company did not give any reason as to why the report of the first Surveyor was no acceptable to it or what the defects were in the report submitted by the said Surveyor - Subsequent Surveyors..........
Punjab Tenancy Act, 1887, Section 5(2) -- Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 - Predecessors of plaintiff, and after them, plaintiff in possession of suit land since 1954-55 as gair maroosi on payment of Rs.72/- as lease money for one year - Amount of Rs.72/- as lease money admittedly in excess of land revenue and rates and cess of the suit..........
