Negotiable Instruments Act, 1881, Section 139, Evidence Act, 1872, Section 105 -- Dishonour of cheque - Presumption under Section 139 of the Act - Rebuttal - Discharge of burden - To lead evidence is not necessary to discharge the burden - Accused can rely on the broad improbabilities in the case of the prosecution, the improbabilities in the evidence of the witnesses of..........
Indian Penal Code, 1860, Section 300 -- Thirdly - Non use of dangerous or deadly weapon or injuries not caused on vital part of body - May not necessarily take out the offence from the clutches of S.300 Thirdly IPC - Death may take place on account of large number of blows given by a blunt weapon like lathi on hands and legs causing fractures - Though the injuries may not..........
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16 -- Bonafide transferee under agreement - Protection under Section 53-A - Agreement to sell - Possession delivered to vendee - Vendee failed to get sale deed executed - Suit for possession by vendor - Vendee seeking protection u/s 53-A - Vendee failed to plead and prove his readiness and..........
Transfer of Property Act, 1882, Section 53A -- Protection u/s 53-A - When and to whom available - Section 53-A protects the bonafide transferee under agreement, who has perfomed his part of agreement, which could not be completed in the prescribed manner - Transferee has to establish by his conduct that he was always ready and willing to perform his part of contract but it..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1Ho) -- AilMS Act, Section 14 - Services - Medical Services - AIIMS -& Under the guise of providing facilities for research in various branches of science, the Institute cannot be allowed to treat the patients as guinea pigs - it has many wtll equipped hospitals where patients are admitted and operated upon - Thus other..........
Electricity Act, 1910, Section 26(6) -- Electricity meter - Disconnection of electricity and penalty of Rs.87,884/- for alleged tampering of meter and unauthorised extension of load - Complaint alleging deficiency in service allowed by the District Forum - Held that before moving the District Forum, complainant should have moved an application u/s 26(6) of the 1910 Act for..........
Criminal proceedings -- Stay during pendency of civil suit - In appropriate case Court is empowered to stay the proceedings till the disposal of the civil case - In case it appears that criminal proceedings are initiated just to prejudice the trial of the civil suit or to use the same as a lever to coerce the accused into a compromise of the civil suit, the criminal..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 401 -- Dishonour of cheque - Conviction - Revision against - Compounding of offence - Compounding of offence under Section 138 NI Act can be done during trial of case as well as by the High Court or Court or Session while acting in exercise of its power of revision under Section..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of payment not made in notice - Held, it is not a legal notice strictly in terms of Section 138(b) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Transfer of Property Act, 1882, S.60 - Contract Act, 1872, S.171 - Banking service - General lien - Loan - Deposit of document - Non-return after the loan amount returned - Documents not released as the appellants stood guarantee for other firms - Held that notwithstanding the provisions under Section 60 of the TP Act, the..........
