Civil Procedure Code, 1908, Section 80 -- Notice - Suit against Govt. and private defendant - A notice under Section 80 of the Code, only 15 days time was given and not 60 days as required under law - However, suit filed after 60 days - Held, error of 15 days instead of 60 days should have been ignored in view of S.80 (3) of Code especially when in notice plaintiff has..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Banking service - Vicarious liability - The fraud and embezzlement was committed by the employees of the OP-Bank in the Course of employment - The State Commission rightly held that the OP/petitioners was vicariously liable for the action of its employees - No interference called for in exercise of..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7 -- Accused working in Commercial Taxes Department - Guilty for receiving illegal gratification of Rs.5000/- from complainant to reduce his tax liability - Convicted and sentenced - Conviction upheld by High Court - In appeal before Supreme Court accused sought to raise plea for the first time that he accepted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b) -- Seizure of contraband - Contraband weighed by taking weighing scale from nearby shop - Owner of shop not called during trial - Weighment scale not produced - Held, weighment is not properly proved - Accused should be treated as an offender for the smallest quantity - Conviction u/s 20 (b) (ii) (C)..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional Jurisdiction - Concurrent of findings of fact - Insurance claim - Repudiation - Finding of fact by the Fora below that the complainant was unable to establish that the tractor in question was stolen, while on its journey on 23.05.2000 during the currency of Insurance Policy from 16.05.2000 to 15.05.2001 and not on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Criminal Procedure Code, 1973, Section 315 -- Recovery of charas - Conscious possession - Charas recovered from car driven by accused - Co-accused took lift in the car - Both the accused were knowing each other - Held, once recovery is effected, it has to be presumed that the accused was in conscious..........
Criminal Procedure Code, 1973, Section 313, Evidence Act, 1872, Section 3 -- Statement of the accused under Section 313 Cr.P.C. - - It cannot be treated as evidence within meaning of S.3 of Evidence Act - It can be used to appreciate the truthfulness or otherwise of the case of the prosecution...........
Criminal Procedure Code, 1973, Section 195 -- Mandatory in nature - Is an exception to Section 190 CrPC which says that any person can set the law in motion by making a complaint - To make Section 195 applicable, there has to be a complaint by public servant whose lawful order has not been complied with - In the absence of such a complaint, trial and conviction will be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Complainant resiled before commencement of trial - High Court quashed FIR - Held, High Court was not justified in quashing the FIR - Ordinarily, the Court of Sessions is empowered to discharge an accused under Section 227 of CrPC even before initiating trial - The accused can therefore move the trial court..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Motor Vehicles Act, 1988, Section 15(1) - Insurance claim - Repudiation - Driving licence - At the time of accident the driver did not have a valid driving licence - His licence had expired on 13.02.1995 and was renewed only on 18.09.1995 and the accident had taken place on 02.07.1995 - Insurance company not..........
