Consumer Protection Act, 1986, Section 27(2), Criminal Procedure Code, 1973, Section 11 -- Non obstante clause - Powers of Judicial Magistrate - Conferring on District Forum - Held that the non obstante clause appearing in Section 27(2) conveys that this particular provision would have an overriding effect over Section 11 of the Cr.P.C. - The powers of the Judicial..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Commercial purpose - Service - Deficiency in service even though for a commercial purpose would be subject of the complaint under Section 2(1) (d) (ii) of the Act prior to the Amendment Act,2002 - Bar of the commercial purpose was applicable only to goods purchased by a consumer...........
Consumer Protection Act, 1986, Section 2(1)(f) -- Electricity Act, 1910, Section 26(6) - Electricity bill -Allegedly excessive - The dispute between the two parties is pertaining to the disputed bills and defective nature of meter - The entire bill and the defective meter in question ordered to be referred to Electrical Inspector - The decision of Electrical Inspector will..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b), Criminal Procedure Code, 1973, Section 439 -- Bail - Non compliance of order passed for supply of copies to accused - Not a ground to grant Bail - Limitations placed by section 37 are to be satisfied - Case not covered by exception given in section 37 - Bail cancelled...........
Civil Procedure Code, 1908, Section 44A(2) -- Section 44A CPC - Purpose of - Execution of decree passed by Court in reciprocation territory - Peoples' Republic of Bangladesh has been declared as reciprocating territory for purpose of S.44A - Courts of District and Subordinate Judges in Bangladesh specified as superior Courts of Bangladesh - Decree passed by these Courts in..........
Indian Penal Code, 1860, Section 471 -- Forgery - Ingredients - (i) fraudulent or dishonest use of document as genuine - (ii) knowledge or reasonable belief on the part of person using the document that it is a forged one - To attract section 471 it is not necessary that accused himself had forged the document or person independently charged for forgery of the document..........
Indian Penal Code, 1860, Section 471, 120B -- Forgery - Acquittal of co-accused charged for conspiracy - Will not affect the accusations under Section 471 - If the charge of conspiracy is followed by substantive charge of another offence there is nothing to prevent the Court convicting an accused for the substantive charge even if the prosecution had failed to establish..........
Prevention of Corruption Act, 1947 -- Section 5 (2) - Independent Witness - Interested Witness - Panch Witness - Trap - Rs.100 recovered from accused - Plea that panch witnesses were interested witness as they were working under father of complainant - No suggestion to this affect put to witnesses or Investigating Officer - Complainant's father was working in Health..........
Industrial Disputes Act, 1947, Section 2(s) -- Workman - Respondent working as Deputy Manager ( Engineering) in Tata Risk Management Service - He was highly educated a chartered engineer - The work of the employee was that of a highly qualified and specialized consultant - By no stretch of imagination respondent can be called a skilled workman doing manual or non-manual..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Ingredients to draw presumption - Presumption can be raised only if accused being tried for the offence under section 304-B and death of women should be caused by burns or bodily injury or otherwise than under normal circumstances within seven years of marriage - Deceased..........
