Indian Penal Code, 1860, Section 304B -- Dowry death - Demand for dowry soon before death of bride - Meaning - Demand of Rs.20, 000/- allegedly raised by husband and his parents in the year 2000 - Second demand of Rs.50, 000/- raised only by husband in April, 2003 - Death of bride after three days of second demand - Held, parents cannot be convicted under Section 304-B IPC..........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Medical service - No fee was charged by OPs from the complainant being in the same profession and the operation was performed on obligatory basis - Held that the complainant are not consumer within the definition of Section 2(1) (d) of the CP Act - Complaint liable to be dismissed on this count alone...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Meaning of - Means pre-arranged plan - It should be anterior in point of time to the commission of crime and may develop on the spot - Allegation that father (A-1) along with his two sons (A-2 and A-3), armed with lathis and rifles, went to deceased house to teach him lesson as deceased declined to..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r)(3)(b), 14(1)(hb) -- Unfair trade practice - Deficiency in service - Compensation - Coca Cola - Promotion Scheme - Prize winning entry - Appellant created utter confusion about the date of commencement of the scheme and also failed to clarify the selected cities where the scheme was run - Details of the conditions..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Persons interested therein are viz. (a) Persons who not only made contributions or offerings but devoted their time and energy for the preservation of the trust property; (b) Persons who are in the habit of worshiping at and giving subscription to temple; (c) Persons belonging to that section of the public for whose..........
Motor Vehicles Act, 1988, Section 166, 167 -- Death of a married woman in motor accident - Claim petition by her parents-in-law - Held, petition is maintainable - Under Section 15 of the Hindu Succession Act, in the absence of children and husband, on the death of a female, heirs of the husband shall be the legal heirs - The father and mother are the heirs of the husband -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A -- Bar of suspension, remission or commutation of any sentence awarded under the Act as contained in Section 32-A - Constitutional validity - Held, S.32-A, in so far as it takes away right of executive to suspend, remit or commute sentence is valid and intra vires the Constitution of India...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Provision of S.42(2) of the Act is mandatory - Police officer who takes down any information has to reduce in writing and forward the same to the superior officer - This is mandatory provision - Non compliance of this provision will vitiate the trial - Delay in reducing the information in writing and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Police officer who takes down any information has to reduce in writing and forward the same to the superior officer - This is mandatory provision - Non compliance of this provision will vitiate the trial - No information was taken down in writing by the police officer - However, there was oral evidence..........
Indian Penal Code, 1860, Section 307 -- Accused convicted and sentenced to 2 years RI under Section 307 IPC - Incident took place about 20 years ago - Accused by the time has become old - Sentence reduced to already undergone - Fine enhanced from Rs.10, 000/- to Rs.25, 000/-...........
