Prevention of Corruption Act, 1988, Section 7, 13(1)(d), Indian Penal Code, 1860, Section 193 -- Corruption case - At trial, complainant turned hostile - Complainant ordered to be prosecuted under Section 193 IPC...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Motor car - Purchase of Omni 8 seater - The purpose of purchase of the vehicle in question by the appellant was not exclusively commercial as it was purchased by her for her own use as also for family convenience - It was not registered as a transport vehicle - Findings by the Fora to the..........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Banking service - Crop loan - The OPs No. 1 to 3 have charged the complainant for service rendered such as lending of loan, collection of insurance premium, Etc. - Complainants held to be consumers of OP Nos. 1 to 3 as defined in Section 2(1) (d) r/w Section 2(1) (o) of the CP Act...........
Consumer Protection Act, 1986, Section 2(1)(g), 13(4)(iii) -- Crop loan - Compensation - Procedure - Admissibility of documents - The OP No's 1 and 2 had at no point of time denied the genuineness of the documents as also they had refrained from raising any objection at the time of marking Xerox copies of the receipts as exhibits before the District Forum - The documents..........
Central Reserve Police Force Act, 1949, Section 11, 12 -- Absence from duty - Dismissal - Section 11 of the Act does not restrict the punishing authority to award only minor punishments prescribed under Section 11(1) of the Act - This Section is an enabling Section which empowers the punishing authority to award anyone or more of the minor punishments to any members of the..........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Commercial purpose - Auto rickshaw - Three wheeler - Complainant specifically pleaded that the vehicle was purchased by him for earning his livelihood as he was a un - employed person - The plea remained uncontroverted on the record on the part of OPs - The case of the complainant covered by Section 2(1) (d) and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Criminal Procedure Code, 1973, Section 313 -- Recovery of poppy husk - Conscious possession - Charge and statement u/s 313 Cr.P.C state that accused found in possession of contraband, recovery was effected and sample drawn - Requirement of law fulfilled - Immaterial if word `conscious possession' missing..........
Consumer Protection Act, 1986, Section 2(1)(g), Marine Insurance Act, 1963, Section 19 -- Marine insurance - Fishing boat - Repudiation - On the ground that appellant did not act with utmost good faith and claim lodged false and fabricated - Before the State Commission the complainant did not attempt to rebut any of the grounds cited by the OP Insurance Company in its..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife in the house - Accused and deceased alone in the house at the time of occurrence - Held, undoubtedly when any fact is specially within the knowledge of any person, burden of proving that fact is upon him - But for applicability of this principle, husband must be the only person with the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Tenant moved application to take measurements of property in possession of landlady with a view to controvert the plea of personal necessity - Application dismissed - Held, not understandable as to how the measurement of the property can lead to the conclusion that need is not bona..........
