Consumer Protection Act, 1986, Section 2(1)(g) -- Post Offices Act, 1989, Section 6 - Postal Service - Registered letter sent by BSF authorities contained bank draft - Non-delivery of - Letter remained untraced despite a period of two years - Duplicate Bank draft prepared by BSF authorities and received by complainant after two years - No allegation of fraud or willful act..........
Constitution of India, 1950, Article 226 -- National Highways Act, 1956, Section 3C(1) - Writ jurisdiction - Land acquisition - Objections - Non filing of - Section 3C(1) of the Act gives a very limited right to object - The objection can be only to the use of the land under acquisition for the purposes other than those u/S.3A(1) - The Act confers no right to object to..........
Constitution of India, 1950, Article 226 -- Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) - Preventive detention - Jurisdiction - While examining the order of preventive detention, High Court is not required to examine the merit of the case, as it does not discharge appellate jurisdiction - It merely examine the sufficiency..........
Indian Penal Code, 1860, Section 147, 148, 149, 307, 323, 325, 342, 365 -- Attempt to murder - Grievous injuries - Abduction on gun point - All injuries on non vital parts of body - Though accused possessed fire arms but no fire arms used - Ingredients of Section 307 IPC missing - Charge u/s 307 IPC set aside - However, charge under other sections, sustained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 50 -- Search and seizure - 12 Kgs. of Opium - Serious contradictions appearing in the testimony of two key witness as to the authorship of two vital documents exhibited - IO is the complainant - No independent witness was joined though the search was conducted after sunrise on a main road -IO even did not..........
Transfer of Property Act, 1882, Section 41 -- Ostensible owner - Equitable Doctrine of Estoppel - Section 41 of the Act embodies an exception to the general principle of law that no man can transfer to another right or title better than what he himself possesses - Exception is a form of Equitable Doctrine of Estoppel - To attract rule of estoppel it must be shown that (i)..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - 'Child witness' - Murder of wife by accused - Funeral performed hurriedly without informing her family members - Evidence on record that deceased was ill-treated and given beatings by appellant and not given proper food - Funeral performed without lodging any report and post-mortem - Evidence..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact - In proposal form - That deceased was suffering from TB - Death of the deceased had taken place after two years of the issuance of the policy - Heavy burden of the insurer as the insured will get the protection of Section 45 of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact - In proposal form - That deceased was suffering from TB - Death of the deceased had taken place after two years of the issuance of the policy - Heavy burden of the insurer as the insured will get the protection of Section 45 of..........
Succession Act, 1925, Section 63(c) -- Evidence Act, 1872, Section 68 and 69 - Will - Proof of execution - Absence of attesting witnesses as one of the attesting witness died and other joined hands with opposite party and left for foreign country - Statement made by scribe PW, who knew the testator, relied upon to prove the registered Will under Section 69 of the Evidence..........
