Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of two cheques - Joint complaint - Maintainability of - Held, as per S.219 Cr.P.C. if the offences are of same kind and punishable with same punishment under same section, court can try these offences of same kind committed within a year together - In present case, both..........
Consumer Protection Act, 1986, Section 2(1)(g), Interest Act, 1978, Section 3, Civil Procedure Code, 1908, Section 34 -- Housing - Plot allotment - Interest rate - Charging on additional amount - Nothing in agreement which provides for rate of interest to be levied on the additional price on account of enhancement of acquisition cost - It has to be in keeping with..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Petitioner exercised his right of appeal against order of resumption passed by the Estate Officer - The order passed by Administrator on appeal cannot be challenged under Section 3 of the CP Act - Petitioner complainant would be free to approach the higher authority whosoever it is to seek relief against the..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM(2)(4) -- Insurance claim - Surveyors report - In view of provisions of Section 64UM(3)(4) of the Insurance Act in case a Surveyor's report cannot be challenged and only with the permission of Authority or earlier the Controller, the Second Surveyor could be appointed - If the claim was..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - For bringing in operation of Exception 4 to Section 300 IPC, it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner...........
Criminal Procedure Code, 1973, Section 427 -- Two sentences - Running of - Power of court - Held, S.427, Cr.P.C. is very specific which provides for running of two sentences consecutive that is, one after another which is clear from language of sub-s.(1) of Section 427, Cr.P.C. that when a person already undergoing a sentence of imprisonment is sentenced on a subsequent..........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Retrenchment - In the event of retrenchment of a workman, employed in any industry, continuously for not less than one year under an employer, compliance with the provisions of Section 25F of the Act, in particular clauses (a) and (b) thereof is mandatory - Conditions which must be satisfied are : (i) the workman is..........
Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 2(c) -- When both the essential of S.2(c) viz. (i) making of quick or easy money, and (ii) it is dependant upon an event or contingency relative or applicable to the enrolment of members into the scheme are present then scheme is squarely covered by the Section...........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Petitioner exercised his right of appeal against order of resumption passed by the Estate Officer - The order passed by Administrator on appeal cannot be challenged under Section 3 of the CP Act - Petitioner complainant would be free to approach the higher authority whosoever it is to seek relief against the..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Bank guarantee - The transaction in this case relating to furnish of Bank guarantee was for a purely commercial purpose within the meaning of Section 2(1)(d) of CP Act - The petitioner could not have invoked the jurisdiction of the Consumer Fora for redressal of their grievance...........
