Negotiable Instruments Act, 1881, Section 138 -- Notice - 'Request to make payment within a week failing which the matter will be referred by us to our legal department' - Not a notice as contemplated under Clause (b) of Section 138 of the Act - Complaint quashed...........
Arbitration and Conciliation Act, 1996, Section 11, 16, 7 -- Arbitration agreement - Existence under challenge - Pleadings raised by parties prima facie showing parties are not strangers - Correspondence existed between parties as regards contract - There has been some transaction - Proper course for parties is to thrash out existence or not of arbitration agreement under..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7B -- Telephone bill - Arbitration - Jurisdiction - The consumer disputes forums have jurisdiction to decide disputes involving meter reading or excess billing even when such disputes might be covered under section 7-B of the Act of 1885...........
Consumer Protection Act, 1986, Section 2(1),(r),(g),21(b) -- Unfair trade practice - Fridge - Damage to the back wall of the fridge by rats and it became worthless - The respondent complainant buying the fridge and he was not told that back wall is made of thermocol and he believed it would be of same metal on all sides of the fridge - Findings of State Commission holding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Applicability - If resort is had to procedure prescribed under S.52(3)(a) Section 55 would be attracted - If arrested person and seized articles are forwarded under S.53(3)(b) to officer empowered under S.53 compliance of section cannot be insisted upon...........
Criminal Procedure Code, 1973, Section 190, 200 -- 'Taking cognizance of an offence' & 'filing of complaint' - Distinction - Taking cognizance means the action taken by the Court for initiating judicial proceedings against the offender in respect of the offence regarding which the complaint is filed - Taking cognizance of an offence can only be said when Magistrate applies..........
Criminal Procedure Code, 1973, Section 161, 162 -- Statement recorded under Section 161 - What amounts to - Substance of interrogation recorded by investigation officer which was not in terms of S.161 - Cannot be regarded as statement under Section 161 - Same cannot be used for contradiction under Section 162 Cr.P.C...........
Criminal Procedure Code, 1973, Section 306, 307 -- Pardon to accomplice - By trial Court - Distinction between Ss.306 and 307 - Plea that statement of accomplice is required to be recorded first in Court of Magistrate and subsequently in trial Court - Not tenable - Section 306 is applicable where order of commitment has not been passed - Section 307 is applicable in cases..........
Representation of the Peoples Act, 1951, Section 19, 27(5) -- A person enrolled in the electoral roll cannot be excluded from exercising his right to cast vote on the ground that he did not satisfy the eligibility requirement as laid down in Section 19 or 27(5) of the Representation of the People Act, 1950...........
Representation of the Peoples Act, 1951, Section 100(1)(d)(iii)(iv) -- Election - Setting aside - Person or persons enrolled in the electoral roll though not entitled to be so enrolled - Not a ground for setting aside election of a returned candidate under sub-clause (iii) or (iv) of clause (d) of sub-section (1) of S.100...........
